A busker has been committed to stand trial for allegedly raping an intellectually impaired woman after he found her heavily drunk at a park before taking her to his Campbell home last December.
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Wallace Nya Quoibia has pleaded not guilty to engaging in sexual intercourse without consent.
The defendant, 54, appeared via phone in the ACT Magistrates Court on Tuesday when his lawyer, Sam McLaughlin, applied for the matter to be committed to the Supreme Court.
Prosecutor Mark Wadsworth consented to the application, meaning committal proceedings were waived under the Magistrates Court Act.
Prosecution documents state that the complainant and her cousin went to Mooseheads in early December after having a number of alcoholic drinks at private residences.
The complainant remembers sitting beside a fireplace while drinking more in the nightclub.
"[The woman] has no further memory of the evening," the documents state.
"The next thing she remembers is waking up briefly in a bed with a man on top of her having sex."
Police accuse Mr Quoibia, who lives at Ainslie Village in Campbell, of being that man.
According to investigators, he introduced himself to the woman as Wallace and told her he had found her passed out with her pants down at Glebe Park.
"He said multiple times he couldn't leave her there," the prosecution documents state.
"Wallace also said that he loved her."
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About one week after the incident, investigators executed a search warrant at Mr Quoibia's home and spoke to him about the rape allegation.
Mr Quoibia said he was walking home after busking outside Mooseheads when he heard the complainant "swearing and cursing" in Glebe Park.
Mr Quoibia said he helped her off the ground and hailed a taxi to take her back to his place because "he thought he could not leave her there".
He said that once they arrived, she tried to kiss him but he told her to sleep while he played a game on his mobile phone until she woke up.
Mr Quoibia told police he did not have sexual intercourse with the woman and that "if anyone was sexually assaulted, it was him".
He said he thought she had only made allegations against him because of a rumour about him being a rapist and a paedophile.
Mr Quoibia was remanded in custody as bail was not applied for and formally refused.
The case is set for a directions hearing in the Supreme Court on March 31.
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