A worker accused of luring a woman into the back room of a shop as he was closing up and forcing her to have sex with him has been granted bail.
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Abhishek Timalsina, 28, of Phillip appeared in the ACT Magistrates Court, facing one charge of sexual intercourse without consent.
The court heard Timalsina is alleged to have raped a woman in the back room of an arts supplies shop where he worked in the Westfield Belconnen mall on November 3.
Timalsina is alleged to have taken photographs of the woman, who was unknown to him prior to the incident, without her knowledge before encouraging her to come to the back room and preventing her from leaving the shop at closing time.
A duty defence lawyer told the court Timalsina admitted to having sex with the woman and the issue that remained in contention was whether it was consensual.
The court heard Timalsina had admitted to police in an interview there had been no verbal consent.
Magistrate Glenn Theakston noted the matter would be considered under the ACT's new positive consent laws.
Police retrieved clear closed-circuit television footage from both the shop and the Westfield mall but there had been no footage of the conduct in the back room, the court heard.
Police said in a statement they searched the store and arrested Timalsina on Friday, November 25.
A prosecutor argued Timalsina should not be granted bail as the nature of the alleged offending was serious and the man had displayed an attitude of entitlement.
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But Timalsina's duty defence lawyer said the man had no scope to interfere with evidence, did not know where the complainant lived or worked, and there had been no suggestion the allegations reflected a repeated pattern of behaviour.
The court heard Timalsina, who is married, had lived in Australia since 2018 and resided on a visa that expired next year.
Mr Theakston granted Timalsina bail, which included conditions that he would not be present at Westfield Belconnen mall, surrender his passports and not leave the ACT for more than 48 hours.
Timalsina will next appear in court on December 19.
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