A woman has recanted allegations that her husband raped her and threatened to derail her family's visa application, a court has heard.
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Prosecutors have told the ACT Supreme Court that the woman's Syrian-based family, who are trying to come into Australia, put pressure on her over the situation.
The woman has repeatedly been to see her husband in prison since he was remanded in custody in November. She has since written a statutory declaration recanting her accusations and told authorities she wants the charges dropped.
The pair were married overseas before coming to Australia, the husband on a refugee visa and the wife on a partner visa.
There are reports that their relationship was marred by a long history of domestic violence, although the husband has never been charged.
Late last year, she accused the 28-year-old, who cannot be named, of raping her at their Canberra home.
It is alleged he climbed on top of her as she slept, forcing himself on her while she cried and tried to push him away.
Later on the same day, he allegedly called her a "bitch" and an "animal", and threatened to withdraw his support for her family's visa application to enter Australia.
He is accused of raping her again, asking "why are you crying?", before calling her father and telling him he was leaving his daughter.
The next morning, he allegedly raped her again, slapping her, dragging her by the hair, and stomping on her back.
She went to police and he flew to Perth, where he stayed with his family before being extradited to face court.
The accused has since spent four months in custody.
But the ACT Supreme Court heard that the woman has recanted her statement, and approached the Office of the Director of Public Prosecutions to have the charges dropped.
He applied for bail on Friday, represented by Paul Edmonds, before Justice Richard Refshauge.
The Crown opposed his release, saying he was a flight risk, given his earlier travel to Perth, a risk of reoffending, and was likely to intimidate the witness.
Mr Edmonds said strict bail conditions could manage any flight risk, while saying his client had no criminal history, and would be bailed to Perth, where he would have no contact with the victim.
Justice Refshauge described it as a "difficult" decision, acknowledging the need to protect the victim from intimidation, but noting she had already recanted while her husband was in custody, and that she was voluntarily going to see him in prison anyway.
"She's made the recantation, what more can she do?" he said.
"To that extent, the damage is now done."
He said the release of the prisoner to Perth with strict police reporting conditions and a surety would likely help manage the risk.
"These kinds of cases are always difficult," he said.
Justice Refshauge said the allegations were "terrible" and if they're true, the offender would spend a long time in jail.
The decision on bail will be handed down next week.
