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Stephen Milne, ex-AFL player pleads guilty to indecent assault as rape charges dropped

Rape charges against former St Kilda AFL player Stephen Milne have been dropped after the 34-year-old pleaded guilty to a lesser charge.

Milne was to go on trial this month in the Victorian County Court, charged with three counts of rape, over an alleged incident involving a 19-year-old woman at then St Kilda team-mate Leigh Montagna's home in 2004.

But appearing in court this morning, the 34-year-old instead pleaded guilty to one charge of indecent assault.

At a plea hearing, Milne's lawyer told the court the last 10 years have been an "awful time" for his client and his family, because Milne is often publicly labelled a rapist.

His lawyer described Milne as 10 years older now and "a heck of a lot wiser".

The court heard Milne and Montagna met up with the victim and a friend after a club family day on the day of the assault.

Milne had been drinking heavily.

The court heard Milne and the friend and Montagna and the victim then had consensual sex in separate rooms before Milne and the other woman went to Montagna's room.

The two couples then engaged in more consensual "sexual activity" before Milne later attempted to have sex with the victim.

At a pre-trial hearing in 2013, prosecutors told the court the incident took place in a darkened room at Montagna's house, and the woman believed the man kissing her was Montagna, not Milne.

The woman told the court she repeatedly asked Milne to stop and when she realised who it was she felt sick and immediately left the room.

His lawyer, Phillip Dunn QC, told the court Milne believed the victim knew who he was.

"He was ... confident, given the circumstances, that she knew exactly who he was," Mr Dunn said.

But Mr Dunn acknowledged the woman could not see in the dark and believed Milne was Montagna.

"I want to make it very clear. She said no," Mr Dunn said.

Milne listed his occupation as unemployed and Mr Dunn said he found it impossible to find work anywhere, including in football because of the rape allegations.

Milne retired from the St Kilda Football Club in August.

Family traumatised by 'rapist' taunts

Mr Dunn said the last 10 years had been very stressful for the victim, Milne and his family.

"It's been made irretrievably cloudy and muddy by the fact he's an AFL footballer," Mr Dunn said.

"There's been very, very unfair publicity and very, very unfair rumour and innuendo.

"Everything that happens to him ... when he gets called a rapist by Mick Malthouse ... the whole thing gets dragged up again.

"It's quite unfair on both parties ... there are no winners in any shape or form."

Mr Dunn said Milne's children and parents were traumatised by Milne regularly being abused and called a rapist by members of the public.

He said the abuse had taken a particular toll on his mother who had been to hospital on at least one occasion for anxiety.

"She goes to the football to watch her son playing football ... there's the crowd chanting rapist," he said.

Mr Dunn said on another occasion, Milne's wife had taken photos of him playing football to be processed for their children.

He said when the photo attendant saw who was in the photos, he asked her "what do you want a photo of a rapist for?"

"It's been an awful period of time ... just awful," Mr Dunn said.

St Kilda captain Nick Riewoldt was in court to support Milne and the court heard he had provided character references for Milne.

Former player Lenny Hayes was also in court and several other high profile club figures have also provided statements in support of Milne.

The court heard former coach Ross Lyon speaks to Milne almost daily, including in times of crisis and has remained a strong supporter since moving to Western Australia to coach Fremantle.

Mr Dunn has also detailed Milne's charity work and recalled his teenage romance with his wife Melissa.

The couple were separated briefly at the time of the assault.

Melissa Milne gave tearful evidence in support of her husband and broke down as she recalled the moment Milne was charged in 2013.

"When Stephen was charged, he walked in the door and fell on his knees," she said.

"I screamed, 'what's wrong?'"

"He was hysterical. He screamed: 'I've been charged with rape'."

She said the couple's son was in the house at the time.

"He fell down crying too ... because he believed his father was going to go to jail," she said.

Milne's wife said the family had to deal with him being called a rapist "all the time".

Milne will be sentenced on November 18 and remains free on bail.