WARNING: This story contains details some readers may find distressing, including details about an alleged sexual assault
A UK rapper has been granted bail after being charged with raping and choking a Perth woman in his hotel room while on his Australian tour.
The YouTuber and musician Andres Felipe Valencia Barrientos — also known as Yung Filly — is accused of sexually assaulting a woman in his Perth hotel room after a performance in the city’s north last month.
WA police arrested the 29-year-old in Brisbane before he was extradited to Perth.
Yung Filly was in the midst of an Australian capital city tour when he was arrested. (ABC News: Gian De Poloni)
Police opposed his request to be released from custody at his first appearance in the Perth Magistrates Court on Thursday.
But Magistrate Tanya Watt did not agree with prosecutors that Mr Barrientos’s risk of fleeing the state and potential to interfere with witnesses could not be managed.
She granted him bail but imposed strict conditions that included a ban on contacting his alleged victim or posting on social media about the case to his millions of followers.
He must also stay in Western Australia, report daily to police and post a personal $100,000 cash surety.
Rape, strangle charges
It’s alleged the 29-year-old sexually assaulted a woman in her 20’s in his Perth hotel room after he had performed at the nightclub Bar1, in the city’s northern suburbs on Saturday, September 28.
Yung Filly is performing shows across Australia. (Facebook: Yung Filly)
The 29-year-old has been charged with four counts of sexual penetration without consent and three counts of assault occasioning bodily harm.
He’s also facing a charge of “impeding a person’s normal breathing or circulation by applying pressure to their neck”.
Mr Barrientos was casually dressed in a grey jumper and spoke only to acknowledge his name and the charges against him.
Social influencer status raised
He was represented in the Perth Magistrates Court on Thursday morning by top-flight Perth barrister Seamus Rafferty SC, who successfully argued for bail.
WA police prosecutor Julius Depetro had opposed that application, alleging there was an “extremely strong” prosecution case supported by CCTV and photo evidence.
He said Mr Barrientos was “no ordinary” accused, but someone with significant influence and reach with a combined following on YouTube, Instagram and TikTok of more than 8 million accounts.
Yung Filly has several million followers on his various social platforms and has placed two songs the UK Top 40 singles chart. (Facebook: Yung Filly)
Mr Depetro said this meant the risk of interference with a witness could not be alleviated by the usual protective bail conditions, given the accused’s influence.
“This has already made headlines,” he said.
“Given nature of social media, nature of people jumping on bandwagons, given the nature of (the) power imbalance between the parties.”
Fans in court
Three men who appeared to have links to Mr Barriento were in the public gallery during his appearance but declined to speak to the media outside the court.
A number of young people who said they were fans also sat in the public gallery, telling the ABC outside court that they wanted to hear the allegations for themselves.
Mr Depetro told the court Mr Barrientos was a flight risk, given he had “no links to [Western Australia]”.
He said he was only on tour in Australia, and usually lived in the UK but was originally from Colombia.
He said Mr Barrientos had access to large amounts of cash from his media account revenue, generating $700,000 from his YouTube and TikTok accounts alone.
“There is no guarantee given [his] significant means we will be able to bring him back to face these charges,” Mr Depetro said.
Violent acts ‘beyond the pale’
The prosecutor also provided the magistrate with photos that were not shown to the court, which he said went to the question of consent.
In reference to what the photos depicted, the prosecutor said “no ordinary person can consent in those circumstances”.
“Across her body is a history of violent acts, … we say those photos and what is alleged is beyond the pale, beyond what could be considered to be a consensual act.”
British YouTuber and rapper Yung Filly would have to remain at Hakea prison on remand for up to two years if bail was not granted, his lawyer Seamus Rafferty has argued. (Instagram: yungfilly)
Mr Rafferty rejected the suggestion that his client’s status as a global influencer meant ordinary bail conditions were not adequate, and to suggest so “runs contrary to principles that all people are equal before the law”.
He said if bail was not granted, his client faced spending up to two years in Perth’s notorious Hakea prison, where he suggested rolling lockdowns of 23 hours were an almost daily occurrence.
This, in combination with his client’s effective “social isolation” in Perth, would be onerous, Mr Rafferty suggested.
Social media ban opposed
He also opposed a suggestion by the prosecution that his client be banned entirely from posting online, arguing that “eradicating access to social media in the modern age” was “entirely unrealistic”, particularly in light of the fact his client’s income arose from that source.
He also requested the material facts of the case not be read in open court, claiming this could prejudice his client’s right to a fair trial.
UK rapper and YouTuber Yung Filly would be a flight risk and bail should not be granted, prosecutors argued. (Facebook: Yung Filly)
Mr Rafferty questioned the strength of the prosecution’s case, claiming the complainant did not raise any concerns about sexual assault during a call with a friend at 5:31am.
He said the issue of intoxication would be a significant matter at trial.
Magistrate Tanya Watt accepted a written submission in the matter rather than having the facts read.
Mr Depetro started his Australian tour in Perth and went on to perform in Melbourne, Sydney and Brisbane, where he was arrested.
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