A man accused of raping a child before threatening her with "bikie" links if she reported his alleged crime has been released into the community on bail.
"If you don't let me do this, I will tie you up," the 46-year-old man allegedly told the girl.
Graeme Leslie Herbert previously pleaded not guilty to three counts of sexual intercourse with a child and one count of committing an act of indecency in the presence of a child.
The removalist met the alleged victim, aged in her early teens, through a family member and they are not related.
Now on conditional release, the Scullin man cannot be in the presence of a child without being in the direct company of another adult.
Herbert was not present for his ACT Magistrates Court bail application on Friday, when he was instead taken to hospital for an undisclosed health issue.
Aboriginal Legal Service lawyer Sam Lynch said his client's health was in significant decline since entering custody and "there is a danger imposed by his continued incarceration".
"His health care needs are not being adequately met in the AMC," Mr Lynch said.
The defence lawyer also said concerns the court might have, such as endangering the alleged victim, interfering with the investigation or offending, could be mitigated by strict bail conditions.
The court heard the child had been moved to an "unknown location" and that critical parts of the case were "largely secured and cannot be interfered with".
Prosecutor Lewis Etheredge, who opposed the application, said the court had no definitive proof of the man's ailing health or how it may affect his time in custody.
Mr Etheredge cited the alleged conduct and a strong prosecution case against Herbert, whom he said posed a great risk to the child.
Documents tendered to the court for Herbert's previous failed bail application detail the allegations against him, including that he organised through text message for the child to spend a night at his home.
Police claim Herbert picked up the child in a car and took her home, where no one else was present, and gave her two cans of an alcoholic drink.
On Friday, Mr Etheredge again described this alleged behaviour as a "planning, grooming-type lead up".
"Setting up the opportunity for the offences to occur," the prosecutor said.
Herbert later allegedly got inside the same bed as the girl and removed the sim card from her phone, instead giving her his phone to scroll through social media.
The child told police Herbert began acting "weird" before she fell asleep.
Herbert allegedly woke up the child and raped her in multiple ways, during which time she is said to have told him: "No, we can't be doing this ... this is wrong."
Police allege she fell asleep again and awoke later that morning, when Herbert expressed concern about the girl reporting what had occurred.
"The defendant advised [the child] that he knew 'bikies'," police documents state.
He then allegedly raped her again.
Herbert was previously refused conditional release in December after being arrested.
On that occasion, Chief Magistrate Lorraine Walker cited concerns over possible interference with the child after the alleged "attempt to manipulate the complainant by the use of fear".
On Friday, magistrate Glenn Theakston granted the alleged offender's bail.
The magistrate noted the "very very serious" accusations but described the alleged threats made by Herbert as "oblique and imprecise".
Herbert will have to report daily to police and be under curfew between 9pm and 7am.
He is set to face court again next month.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; Bravehearts 1800 272 831; Blue Knot Foundation 1300 657 380.
