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An Australian MP raped a woman on a velvet couch in his office during a late-night tour of parliament, a court has heard.

Theo Theophanous, a former cabinet minister in the Victorian parliament, is charged with raping the woman in 1998.

At a committal hearing today, Melbourne Magistrate's Court was told Mr Theophanous, 61, knew the woman socially through mutual friends in Melbourne's Greek community.

The former Minister of Industry for Victoria invited the woman, who was then 34, on a tour of Parliament House after they had a drink together late one evening.

He assured her that there was good security in the building, and a lot of people would be working late.

Prosecutor Michele Williams SC said the pair entered Parliament through a side door which led to a dimly-lit hallway.

Mr Theophanous then tried to lead the woman into a dimly lit amphitheatre but she resisted, the court heard.

Ms Williams said the woman, feeling scared, asked to go to the bathroom and was taken to a toilet near Mr Theophanous' parliamentary chambers.

While in the bathroom she called several friends on her mobile phone to say she felt scared, the court heard.

The pair ended up in Mr Theophanous' chambers where, despite the woman saying she felt uncomfortable, the MP told her; "Come to me, I want a hug''. He then pushed her onto his red velvet couch and raping her, with his hand over her face and throat, the court heard.

The rape ended when the woman's mobile phone rang and she spoke on the phone to her friend.

As the pair left Parliament, Mr Theophanous allegedly told the woman: ``What I like about you is that you are loyal," the court was told.

Ms Williams said the woman did not go to police because she believed that Mr Theophanous was threatening her, including saying that he would cut off her parents' pension and make her brother do army service in Greece.

"The complainant did not report the matter to the police because of the position and status of the defendant," Ms Williams said.

The court heard she later went to a solicitor and then police to report the matter.

Mr Theophanous' lawyer Robert Richter, QC, described the woman as manipulative and a fabricator of stories.

He said the woman initially said the rape was in the year 2000 and had told 17 versions of the rape story to police.

The woman was motivated by spite and was a self-confessed drug addict, he said.

The hearing continues.

The Cleric wrote:Is there any corroborating testimony from the friends?

Cpl Kendall wrote:Silks? Is that a particular law school in Australia or something else?

Politician's rape charge dismissed

By Daniel Fogarty

AAP

July 24, 2009 04:17pm

* Rape allegedly happened in 1998
* Insufficient evidence for a trial
* Theophanous to consider political future

VICTORIAN state MP Theo Theophanous will consider his political future over the weekend after being cleared of a rape charge.

In dismissing the charge against the former cabinet minister, Magistrate Peter Reardon said little credence could be placed on the unreliable evidence of the complainant.

He said the case lacked credibility and he questioned the objectivity of investigators.

It had been alleged Mr Theophanous, 61, raped a woman on a couch at parliament house in September 1998.

After being told by Mr Reardon he would not stand trial following a 15-day committal hearing, Mr Theophanous sobbed and hugged family members.

The former industry minister thanked his wife, whom he said "never stopped believing in me ... and knows who I am".

But he admitted his reputation would be tarnished by the accusations.

"It is impossible for one's reputation not to be damaged in these circumstances," he said.

He described the decision as "landmark" and said he would consider his future.

"I don't know where I go from here. I am going to take the weekend to think about it," he said.

"I will try to talk to the Premier, if I can, and I will consider what I and my family want to do in the future.

"I think we have already made a very significant contribution in this state."

Mr Theophanous resigned from Cabinet after he was charged late last year but he remains a member of the Upper House and has nominated for Labor pre-selection.

He described the case as an "emotional rollercoaster".

"It is such a traumatic experience of not knowing where your life is going to go," he said.

Mr Reardon said the complainant might believe in her own mind that she was raped, but the evidence did not show she was.

"She was an entirely unreliable witness," Mr Reardon said.

"I can place little, if any credence on her allegation of rape in this matter.

"I have concluded in this particular case that the prosecution case is not sustainable. It is
inherently weak, lacks credibility, reliability and truthfulness."

The Office of Public Prosecutions can elect to directly present Mr Theophanous to trial if they believe Mr Reardon made the decision in error, but no decision had been made.

Prosecutor Michele Williams SC had alleged Mr Theophanous forcefully raped the woman after the pair shared a coffee.

In a statement to the court, the complaint described feeling "trapped" as she was raped.

But Mr Theophanous' lawyer Robert Richter QC said the case was "weak" and a disservice to real rape victims.

"In my submission, this investigation and prosecution does a great disservice to all victims of rape and there are many, many real victims of rape," Mr Richter said.

"What has happened here is no basis for destroying the lives of families and reputation of a minister of the Crown as he then was."