A man accused of raping a woman he offered to help outside a Civic nightclub has been remanded in custody after allegedly returning to the same venue in breach of bail conditions.
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Kerry Roy Bye, 24, from Ngunnawal, was observed by police who were doing a walk-through of the nightclub about 12.36am on Saturday, and when asked told the officers he had bail conditions not to be in Civic, court documents said.
He was arrested and then allegedly told police he had consumed about six alcoholic drinks.
Bail conditions entered into on November 13 prohibited Bye from consuming alcohol and from being in Civic, Braddon, Reid or Acton between 9pm and 7am on any day.
The defendant pleaded not guilty in the ACT Magistrates Court in December to three counts of sexual intercourse without consent, committing an act of indecency without consent and sex assault second degree alleged to have occurred on November 13.
Court documents said Bye had offered to call a taxi to help a woman outside a nightclub after she had vomited a number of times. She allegedly awoke to discover him assaulting her and tried to resist, with Bye at one point holding her by the throat so she could not breathe until she stopped resisting.
The woman allegedly escaped, running from the premises naked except for her socks, after one of Bye's friends knocked on the door. Bye told the friend the pair had not had sex as he had interrupted them, the documents said.
Court documents said a medical examination of the woman at the Canberra Hospital revealed a number of injuries consistent with sex.
On Saturday, Bye's duty defence lawyer told the court her client admitted to being at the Civic nightclub earlier that day with friends, and to drinking alcohol, but said the fresh incidents did not indicate a risk of reoffending.
No pleas were entered.
Magistrate Karen Fryar, refusing bail, said there were only four bail conditions the defendant had to follow, they "were pretty simple", and "you breached two of them".
"I have significant concerns that you would commit further offences if released today," she said.
The matter is listed in the ACT Supreme Court on April 20.
