Criminal Law News & Current Affairs

By Ben Aulich & Associates Ben Aulich & Associates


ADFA cadet accused of raping fellow Defence member pleads not guilty

Jack Toby Mitchell

A 19-year-old Australian Defence Force Academy (ADFA) cadet charged with raping a female cadet in Canberra has pleaded not guilty.

It is alleged Jack Toby Mitchell raped the 18-year-old woman while she was sleeping after a night out in May.

Police arrested the man in the early hours of June 3 and faced court the same day.

Today Mitchell entered the plea of not guilty, through his lawyer Adrian McKenna of Ben Aulich & Associates, to one charge of sexual intercourse without consent in the ACT Magistrates Court.

The court previously heard Mitchell and the woman had been drinking at a Canberra nightclub with friends and decided to catch a taxi back to ADFA with a third male cadet.

On arrival, the pair left the third cadet and returned to Mitchell’s room where it was alleged he raped the woman while she was sleeping.

The court also heard Mitchell and the woman had known each other for about four months and both lived on campus.

Mitchell was previously granted bail under strict conditions and bail was continued today.

The conditions included he not go within 100 metres of the woman and that he not attempt to contact her, including through other cadets.

Alternative accommodation was to be arranged in order for Mitchell to meet the bail conditions.

The Department of Defence released a statement earlier this month which said it was assisting police and providing support to the individuals concerned.

The matter has been adjourned until September.

The alleged assault is the latest in a series of incidents at the Academy, including the ‘Skype sex scandal’.