The retrial of former New South Wales MP Rory Amon began in the Supreme Court on Monday, where the Crown alleged he raped a 13-year-old boy inside a car park toilet below the teenager's parents' apartment on the northern beaches in 2017.
The Crown's opening address told the 12-person jury that Amon and the then-13-year-old connected on an adult hook-up site in 2017, when Amon was 27 and a "budding local government politician".
The court heard the complainant will testify he was insecure about himself at the time and wanted connection. The pair moved to the message-deleting app Snapchat, where they exchanged messages and explicit photos.
The retrial follows Amon's acquittal on a string of other sexual offences against the same complainant in his first trial earlier this year. The jury had not been able to agree verdicts for the two charges now being retried.
A key issue is whether Amon honestly and reasonably believed the complainant was over the age of consent of 16. The complainant believes he told Amon he was 15, while Amon's case is that the boy said he was 17.
The alleged incident occurred after the boy told his parents he was going for a run and arranged to meet Amon outside the apartment block. They walked to a downstairs carpark toilet. The Crown alleges they kissed and Amon placed the boy's hand on his own penis through his tracksuit pants, then caused the boy to perform oral sex.
The jury heard the pair parted ways promptly. The boy later told a teacher, who made a mandatory report to police. In about 2020 or 2021, the boy learned Amon's identity from a photo circulating online; he had previously known only his Snapchat name. He made a formal report to police in 2022, and Amon was charged in 2024.
Defence barrister Matthew Johnston, SC, said in his opening address that it is not for Amon to prove his innocence. He foreshadowed evidence that the complainant lied about his age to register on the adult site. He acknowledged the pair engaged in sexual activity in the carpark toilet but said "at no stage did [the complainant] ever inform him of his age". "If the accused had a reasonable and honest belief [the teenager] was at least 16, then that is an innocent state of mind," he told the jury.
The complainant's recorded testimony from the first trial was replayed on Monday in a court closed to media and the public. The trial continues before Justice Desmond Fagan.
Analysis
Why This Matters
- The trial puts a former elected official's alleged abuse of a child under scrutiny, testing the justice system's ability to handle historical sexual assault cases where key digital evidence is ephemeral.
- The central legal question of reasonable belief about a minor's age is a common and contentious defence in such cases.
- The outcome will significantly impact the complainant, who has pursued the matter through the courts for several years.
Background
Rory Amon is a former Northern Beaches councillor and former NSW MP. He was charged in 2024 following a police investigation. His first trial earlier this year resulted in acquittals on several charges but a hung jury on the two charges now being retried.
Key Perspectives
The Crown: Alleges Amon raped the 13-year-old boy after meeting him on an adult hook-up site, and that the boy told Amon he was 15, meaning Amon could not have reasonably believed he was over 16.
Rory Amon (Defence): Admits the sexual encounter occurred in the carpark toilet but argues the complainant lied about his age, telling Amon he was 17. The defence states Amon honestly and reasonably believed the boy was of legal age and was never informed otherwise.
What to Watch
- The jury's verdict on whether the Crown has disproved the defence's claim of reasonable belief beyond a reasonable doubt.
- The judge's instructions to the jury on the legal definition of reasonable belief regarding a minor's age in an online context.
- The impact of the complainant's replayed testimony from the first trial on the new jury.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedThe headline says Rory Amon is facing allegations of sexually abusing a 13-year-old boy in a car park toilet.The Age - Latest News: “Former NSW MP Rory Amon is facing a retrial over allegations he sexually abused a 13-year-old boy inside a car park toilet below the teenager’s parents’ apartment.”
- SupportedThe retrial began on Monday in the Supreme Court.The Age - Latest News: “The NSW Supreme Court retrial, which began on Monday”
- SupportedThe Crown said Amon and the teenager connected on an adult hook-up site.The Age - Latest News: “In the Crown’s opening address, the 12-person jury heard Amon and the then-13-year-old connected on an adult hook-up site in 2017”
- SupportedThe defence says the boy never told Amon his age.The Age - Latest News: “the defence accepted the pair engaged in sexual activity in the carpark toilet but said it is Amon’s case that “at no stage did [the complainant] ever inform him of his age”.”
- SupportedThe boy was 13 and Amon was 27 when they connected in 2017.The Age - Latest News: “Amon and the then-13-year-old connected on an adult hook-up site in 2017, when Amon was a “budding local government politician”.”
- SupportedThe Crown described Amon as a “budding local government politician”.The Age - Latest News: “when Amon was a “budding local government politician”.”
- SupportedThe complainant will testify that he wanted connection and was insecure about himself at the time.The Age - Latest News: “The court heard the complainant will testify that he wanted connection and was insecure about himself at the time.”
- SupportedThe pair exchanged messages and explicit photos on Snapchat after connecting on the site.The Age - Latest News: “It is not disputed that the pair connected on the hook-up site and moved to the message-deleting app, Snapchat, where they exchange messages and explicit photos.”
- SupportedAmon was acquitted of other sexual offences at his first trial, while the jury did not agree on verdicts for the two charges being retried.The Age - Latest News: “follows the former Northern Beaches councillor’s acquittal on a string of other sexual offences against the same complainant in his first trial earlier this year. During that trial, the jury did not agree on verdicts for the two charges which are being retried”
- SupportedThe complainant believes he told Amon he was 15, while Amon’s case is that the boy told him he was 17.The Age - Latest News: “The jury was told they would hear the complainant believes he told Amon he was 15, and that he thought he could be believed because of his appearance. Amon’s case is that the boy told him he was 17.”
- SupportedThe Crown alleges Amon and the boy kissed, that Amon placed the boy’s hand on his penis through his pants, and that Amon caused him to perform oral sex.The Age - Latest News: “The Crown alleges they began kissing before the former MP placed the complainant’s hand on his own penis through his tracksuit pants. Amon is accused of then pulling down his own pants and underwear and causing the 13-year-old to perform oral sex.”
- SupportedDefence barrister Matthew Johnston told the jury that a reasonable and honest belief the teenager was at least 16 would be an innocent state of mind.The Age - Latest News: ““If the accused had a reasonable and honest belief [the teenager] was at least 16, then that is an innocent state of mind,” he said.”