An alleged rapist has been accused of "stealthing" a sex worker, breaching a pre-arranged agreement between the pair.
The 39-year-old man, who cannot be named for legal reasons, faced the ACT Magistrates Court on Tuesday for sexual intercourse without consent and two counts of committing an act of indecency without consent.
He entered pleas of not guilty to all three charges before eventually being refused bail.
"Stealthing" occurs when a person secretly removes a condom without a sexual partner's consent.
The ACT became the first Australian jurisdiction to specifically outlaw "stealthing" when, in October 2021, the Legislative Assembly passed legislation to criminalise the act.
Police claim the alleged crime occurred at a residence in Canberra's inner north early on Sunday morning.
Documents tendered to the court state the man arranged for the alleged victim to attend the residence through a website for sex workers.
She arrived about 3.30am and the pair began having sex while using contraception, despite the man allegedly claiming he "didn't like wearing condoms".
The use of a condom is said to have been part of their agreement.
Police claim the woman asked the man to stop during sex when she could feel he was no longer wearing a condom. He allegedly continued despite attempts to physically push him off.
She is said to have eventually managed to get the man off her, then seeing he was no longer wearing contraception.
"The defendant became remorseful and apologised to her for taking the condom off," police documents allege.
The woman has also alleged the man earlier that morning indecently assaulted her twice by committing acts she did not consent to and were not part of their financial agreement, including kissing her.
He was arrested by officers from the territory's Sexual Assault and Child Abuse Team on Monday.
"ACT Policing would encourage anyone who has been a victim of stealthing to come forward and make a report to police," an ACT Policing spokesperson said.
"The new legislation makes it clear this is an offence, and police will investigate all complaints of this nature thoroughly."
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; beyondblue 1300 224 636; Canberra Rape Crisis Centre 6247 2525.
