An accused rapist kept telling a complainant he was like Spider-Man during an ordeal that also involved him allegedly choking her and leaving her with injuries, a prosecution document states.
Seti Palei Moala appeared in the ACT Magistrates Court on Friday charged with three counts of sexual intercourse without consent and one of choking another person.
The prosecution document states that during a night out in Canberra in early April, a woman had met co-accused Paula Fala Kata, with whom she travelled to the Canberra Lyneham Motor Inn where he was staying.
There, the complainant saw two other men sleeping in the room before she and Kata, 33, had consensual sex.
She then fell asleep before being woken up by Moala allegedly on top of her and telling her she could not get him off because he was "like Spider-Man".
The complainant tried to fight him off, but the defendant kept saying he was like Spider-Man.
Moala, who has not pleaded to the charges, then became agitated, triggering him to allegedly choke her before raping her.
Kata was sitting at a table before going over to the bed where he grabbed her mouth, causing it to bleed, before allegedly forcing his penis into it.
The co-accused then allegedly raped her.
After the ordeal was finished, the complainant had only a doona blanket wrapped around her because the men refused to give her clothes back.
She had a bloody nose and started striking out at both men. She was also crying hysterically and demanded the men leave immediately.
When the complainant arrived home, she told another woman about the incident before being taken to the Canberra Hospital for a forensic medical examination.
A doctor provided police with a synopsis of her injuries that included bleeding from her vagina.
Moala, who was granted bail in April in which conditions included him residing in Granville, NSW, was extradited to the ACT after failing to appear in court on May 10.
Prosecutor Sam Bargwanna opposed bail based on the defendant's likelihood of failing to appear in court.
Mr Bargwanna said there was no reasonable excuse as to Moala's previous failure and that he failed to surrender passports and report to Granville Police Station, which were bail conditions imposed.
"He has not done so [comply with bail conditions] ... there seems to be no good reason," he said.
Defence lawyer Tamzin Lee, however, said the failure to appear on May 10 was a "mistake and an oversight".
She said there was confusion between authorities that led to NSW Police telling Moala he did not need to report or surrender his passports when he attended the police station.
"His confusion was such that he didn't know what he needed to do next and simply did nothing," Ms Lee said.
"There is no suggestion he was doing anything to avoid police or to knowingly avoid his bail conditions."
Ms Lee also said English was her client's second language and he was not familiar with court proceedings.
The court heard Moala's previous lawyers emailed the court the day before his previously scheduled appearance but they did not appear during the session.
Chief Magistrate Lorraine Walker ordered for a Tongan interpreter to ensure Moala understood his obligations in relation to bail.
She granted the defendant another opportunity on conditional liberty with the same conditions as previously.
The case is scheduled for return on July 8. Co-accused Kata is now also before the court and faces similar charges.
