Closing submissions begin for trial of Abhishek Timalsina

"It seems he heard what he wanted to hear," prosecutor Trent Hickey said in his closing address in the ACT Supreme Court on Monday.

Abhishek Timalsina, 29, is accused of raping and indecently assaulting a customer he had just met on November 3, 2022, in the staff room of a Westfield Belconnen art supply store.

He has pleaded not guilty to two counts of sexual intercourse without consent and four counts of committing an act of indecency without consent.

In his closing address, Timalsina's barrister, John Purnell SC, said his client believed the acts were consensual.

Timalsina previously told the court he and the woman shared a "passionate kiss", lasting two minutes, before things "escalated" and they had consensual sex twice in the staff room.

The 29-year-old claimed the alleged victim asked him about using protection and that she had she said "alright" when he indicated he could pull out instead.

On Monday, Mr Purnell said "the most critical part in relation to whether he had consent or not" was the alleged victim asking this question.

"She knew that she could say 'no' and said 'no' [to some acts]," he said.

Mr Purnell suggested the woman thought "oh my god, what have I done?" when she left the store.

"Was the real concern about all this that she might be pregnant?" Mr Purnell asked.

Mr Hickey told the jury "at no stage did [Timalsina] take steps to ascertain whether she was consenting".

"He can't rely on her silence and inaction [to argue] he reasonably believed she had consented," Mr Hickey said.

"At best he simply presumed she was consenting."

Mr Hickey said the alleged victim was "uncomfortable and nervous".

"The accused had shut the doors, he was older than her. She was not good at setting boundaries," the prosecutor told the jury.

"Asking about protection because you are worried about pregnancy is not free and voluntary consent to sexual intercourse.

"She thought he was just going to do it anyway because he was fumbling around with his trousers."

Mr Hickey said the woman "didn't know how to say 'no' but hinted a few times that she wanted to leave by saying she was uncomfortable".

The prosecutor said parts of Timalsina's evidence were "nonsense" and "surreal or untrue".

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The court previously heard the woman had visited the store to return some art supplies and buy gel pens about 20 minutes before closing time.

Timalsina, the only staff member present at the time, spoke to her about art and repeatedly asked to take her photograph.

Mr Hickey alleges Timalsina closed the store and led the woman to a back room where he indecently assaulted her multiple times and raped her twice.

Timalsina had claimed they were "vibing and connecting".

However, the woman told police in a recorded interview she "stopped reacting completely".

"I thought he was just going to do it and, I guess, my main concern at the time was pregnancy and I asked him if he had protection at least," she said.

The trial continues.

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