An Australian Defence Force Academy cadet in Canberra who has denied raping a fellow cadet as she slept is set to stand trial in the ACT Supreme Court.
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Jack Toby Mitchell, 19, is accused of sexually assaulting the woman, 18, after the pair shared a taxi back to the ADFA campus in Campbell from Mooseheads nightclub in the early hours of Saturday, May 28.
He was arrested in June and charged with sexual intercourse without consent after the woman reported the alleged incident to police.
Mitchell pleaded not guilty in the ACT Magistrates Court.
The court previously heard the pair had known each other for four months and the woman had told Mitchell she only wanted to be friends when he asked to begin a relationship.
The woman told police she was intoxicated and thought Mitchell was taking her back to her room, but he allegedly took her back to his room instead and kissed and touched her on his bed.
She allegedly told Mitchell she "felt fuzzy" from the alcohol and turned away from him saying she wanted to sleep, but he began to have sex with her.
The court heard she became uncomfortable and tried to push Mitchell away after telling him it hurt, but he allegedly said "it would be OK" and continued.
Mitchell is alleged to have told police the woman had initiated the sexual contact after she pulled him towards his room when they got out of the taxi.
He allegedly told police he asked the woman "do you want this?" and she had replied "yes" before the pair began having sex.
Mitchell had claimed they both decided to stop after 30 to 40 minutes because they were "tired and drunk".
The accused returned to court on Wednesday, when his defence lawyer, Adrian McKenna, indicated Mitchell maintained his not guilty plea and the matter was ready to proceed to the Supreme Court.
Magistrate Glenn Theakston committed Mitchell to stand trial.
He also continued the defendant's bail, which included conditions he avoid contact with his alleged victim and remain at least 100 metres away from her.
Mitchell did not speak during his brief appearance in court.
ADFA agreed to arrange alternative accommodation for Mitchell to distance him from the woman after his first court appearance in June.
The case will be mentioned in the higher court for the first time next month.
