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Posted: 2014-12-16 05:36:45

A woman has told a court she screamed and tried to fight off North Melbourne footballer Majak Daw during her alleged rape in 2007.

Magistrate Donna Bakos committed Daw, 23, to stand trial over the alleged attack on Tuesday. He pleaded not guilty to three charges of rape, which allegedly happened at a house party in Melbourne's west in March 2007.

The woman, who was 15 at the time of the allegations, said in court documents that Daw would have known she did not consent to his sexual advances at the time.

Majak Daw outside court in August.

Majak Daw outside court in August. Photo: Getty Images

"I tried as much as I could to stop him," she said.

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She said she had agreed to go for a walk with Daw by the creek behind the house. 

Daw forced his penis into her mouth and she bit down, prompting him to push her, she said.

The woman, who was a virgin at the time of the alleged rape, fell onto her back and recalled screaming "Get off me".

She said Daw patted her on the face and said: "it's going to be okay".

The woman said she pleaded with him to stop. "Majak then put his hand over my mouth so I couldn't scream."

She alleged that when she struck his face, he held her hands down: "I was also kicking out with both legs to see if that would get him off me but I couldn't move him."

Daw only stopped and got to his feet when the woman's friend appeared, she said.

The next week, Daw allegedly apologised to her on a basketball court. It was the last time they spoke.

Police first learned of the allegations in 2007, when her then-English teacher Kate Porch reported a conversation they had had about the incident.

Ms Porch told the court: "I was of the impression that she may have kissed him and was okay with that and then Majak took it further without her consent."

The alleged victim said she did not want police to pursue the matter then "as I felt I couldn't have dealt with it, I was scared and just wanted to pretend it didn't happen."

"For a long time I blamed myself for what happened as I shouldn't have walked away with someone that I didn't really know and my parents always told me that."

She approached police about the allegations earlier this year, which re-enlivened the case, the court heard.

A number of former students at Daw's school told the court on Tuesday they had heard during the party that she had been raped.

Mitchell Anthony said that she and his then-girlfriend approached him at the party after the incident. He could only remember "how emotional she was." 

"She was hysterical, she was shaky obviously and upset."

Later, the victim told him she had been raped, he said. Daw, who played football with Mr Anthony, later repeatedly told him he had done nothing wrong.

One witness - who the court ordered not be named - gave evidence on Monday that she discovered Daw lying on top of her 15-year-old friend when she went looking for her at the party. 

Police informant Detective Senior Constable Mark Moloney denied prompting the victim to change her statement to bring it closer to her friend's version of events. 

"It just so happens that five or six of the amendments she made in her second statement happened to be exactly on point...with (her friend's) statement, which were inconsistent with her first statement," Daw's lawyer Francesca Holmes said.

Daw was the first Sudan-born player to reach the AFL and has played 14 games since joining North Melbourne as a rookie in 2009.

The club has said it will support him and that he will remain available to play for the Kangaroos' AFL and VFL sides.

The AFL has backed the club's decision but has restricted Daw, who is one of the league's multicultural ambassadors, from making promotional appearances.

He was released on bail on the condition he does not travel overseas. He is able to travel interstate and will appear at the County Court for his first directions hearing in the matter on Wednesday.

Daw's trial is expected to start next September.

With AAP

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