A Canberra man who tricked a prostitute into having sex with him will argue in court that it technically was not rape.

It is alleged Akis Livas, 50, stuffed an envelope with fake money and used it to pay for a prostitute's services in 2010.

The woman did not realise she had been tricked until after she had had sex with him, when she opened the envelope and found only folded up paper and a card with a rose on it.

She reported the incident to police and Livas was charged with sexual intercourse without consent. He pleaded guilty to the charge in court three years ago.

But since then, and under the guidance of his lawyer Paul Edmonds, Livas has decided to fight the charge on the grounds that the woman did consent to the sex.

At the initial hearing, Mr Edmonds attempted to explain the argument by giving the example of a husband offering to buy his wife a fur coat in exchange for sex but then never making good on his promise.

He said that if every man who lied to get sex was guilty of rape, then Australia would need five times the number of prisons.

They will argue that a fraudulent misrepresentation is not within the legal scope of what Livas is alleged to have done.

Today in the ACT Supreme Court, Acting Chief Justice Richard Refshauge approved the application to reverse Livas's guilty plea.

Acting Chief Justice Refshauge said it was not the role of the Supreme Court to decide the merits of the argument at this early stage.

The matter will now return to the ACT Magistrates Court for argument.

Speaking outside court Mr Edmonds said Livas has now offered to pay the sex worker back and that he would plead guilty to a lesser charge of making off without payment.