Port Macquarie painter faces sexual touching, rape allegations

Justin Paul Evans, 41, was excused from appearing in person at Port Macquarie Local Court before Magistrate Kasey Pearce on Thursday, June 6.

The Port Macquarie painter has been accused of allegedly sexually touching a woman's breast, stomach, thighs and vagina without her consent between 3.30pm and 7pm on March 3, 2024.

He is charged with two counts of sexually touch another person without consent.

Evans is also facing two charges of having sexual intercourse without consent during this time frame.

No plea has been entered.

He was apprehended by police on March 4, 2024 but is currently out on bail.

Part of his bail conditions include that he cannot go near the alleged victim, and must report to a police station every Monday, Wednesday and Friday between 8am and 8pm.

The police prosecutor asked Magistrate Pearce to adjourn the matter as some outstanding items had been identified.

Police are waiting to obtain a sexual assault investigation kit, medical records, an electronic interview and transcripts before moving forward.

Magistrate Pearce adjourned the case to appear in Port Macquarie Local Court on July 4.

She also asked the defence why the apprehended violence application couldn't be finalised that day.

Evan's lawyer Susanna Gidlow said that given her client wasn't present in court that maybe the matter could be finalised at the next scheduled appearance.

"Well maybe I won't excuse him [from appearing in court]," Magistrate Pearce said.

She advised the defence to obtain instructions for the apprehended violence application to be ready on the next court occasion.

Evan's bail is to continue in the meantime.