A man, accused of raping his partner of multiple years while a child was asleep in the same bed, has claimed he was concerned about his safety in jail.
The man, who legally cannot be named to protect the alleged victim's identity, was granted bail in the ACT Magistrates Court on Wednesday.
He is yet to enter a plea to one count of sexual intercourse without consent. The charge was placed in the context of family violence.
After reading out the charge to the man, magistrate Robert Cook asked if he understood.
"No, not really," the man responded.
Mr Cook responded: "I'm not asking if you did it or not, I'm asking if you understand the charge."
A police document alleges on Tuesday morning the woman awoke to find the man not in bed with her, and believed he had gone to the toilet.
A five year old child was also asleep in the same bed.
Police claim when the man returned, he climbed into bed and said to the alleged victim: "Do you want my cock?"
She is said to have responded "no", with the man saying "let's f---".
He is accused of then raping the woman, who went quiet and didn't say anything.
Afterwards, the man is said to have left the room.
The child did not wake up during the alleged rape.
Police claim that when the woman told her partner she would tell staff at a healthcare centre what happened, he told her to leave the home.
On Wednesday, a prosecutor opposed the man being granted bail saying there was a likelihood of him endangering the safety of the alleged victim.
The prosecutor said the man's children had messaged the alleged victim calling her "a dog" for going to police.
"[The accused man has] only just become aware of these allegations and there have already been threats associated with her telling police," the lawyer stated.
Legal Aid lawyer Gillian Bilton said the man had concerns for his own safety if remanded in custody, with family members of the alleged victim also in jail.
Ms Bilton argued the woman had now moved to an unknown address, and strict bail conditions would ameliorate any risk.
Ultimately, Mr Cook granted the man bail and adjourned the matter to return to court next month.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; Canberra Rape Crisis Centre 6247 2525; Kids Helpline 1800 551 800; beyondblue 1300 224 636; 1800-RESPECT 1800 737 732.
