An Australian man who allegedly raped a Holocaust survivor two decades ago will face trial.

A three-judge panel of the New South Wales Court of Criminal Appeal rejected claims last Friday by the defense for Robert Paul Webb that he could not receive a fair trial because the complainant could not be cross-examined, according to a report by the Australian Associated Press.

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The victim, who cannot be named for legal reasons, gave video testimony to police just months before she died last year. She was 70 at the time of the alleged attack in Sydney in 1991.

The judges allowed the prosecution to admit the video statement into evidence, AAP reported. Crown prosecutor Sally Dowling said the woman, who immigrated to Australia in her 20s, had been the victim of a “calculated attack” and it was in the public interest for Webb to stand trial.

Webb, who was 18 at the time of the alleged attack, was charged in 2011 with two counts of aggravated sexual intercourse and aggravated assault. He was charged when police discovered a semen stain on the ground in the car park where the alleged rape occurred and used it to match his DNA.

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