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Cadet found not guilty of rape

ABC

ABC

A Duntroon cadet has been found not guilty of raping a fellow cadet last Anzac Day.

Jonathan David Hibbert, 26, was accused of choking a woman and holding her down during the alleged sexual assault in his room.

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Mr Hibbert was acquitted of two charges after an ACT Supreme Court jury deliberated for just over an hour on Thursday.

On Monday the court heard the pair met at a campus bar before returning to his room, where the woman agreed to have sex.

But the alleged victim told the court when things got rough she asked him to stop.

She alleged Mr Hibbert choked her and held her down to stop her getting away.

Mr Hibbert denied the allegations and said there was “no doubt” she was consenting.

During the trial the court heard from the woman’s mother who said her daughter was in a confused and distressed state the next day.

It was not until the following day that the woman reported the alleged incident.

The court heard evidence from the woman’s mother and two friends, who said she was distressed the following day.

But under cross-examination, one of the woman’s friends admitted to discussing the case in a phone call with her on Monday night of this week, against the orders of the judge.

This morning in their closing argument, Mr Hibbert’s lawyers told the jury the alleged victim had a motive in reporting the incident to protect her reputation and that there were inconsistencies in her evidence.

Justice Richard Refshauge told the jury they must decide whether she was no longer consenting, and whether Mr Hibbert knew she was not consenting.

Mr Hibbert left the court flanked by his family and a large number of supporters.

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