An Australian Defence Force Academy cadet in Canberra accused of raping a fellow cadet while she was sleeping will fight the charges.
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Jack Toby Mitchell, 19, pleaded not guilty in the ACT Magistrates Court on Thursday and had his bail continued under strict conditions he avoid all contact with his alleged victim and remain at least 100 metres away.
Police allege Mr Mitchell assaulted the 18-year-old woman in the early hours of the morning on Saturday May 28 after the pair shared a taxi back to the ADFA campus from Civic nightclub Mooseheads with a third male cadet.
The Campbell man was arrested on Friday June 3 and appeared in court where he was formally charged with sexual intercourse without consent after the woman reported the incident to the officer in charge and police.
Earlier in the month, the court heard the pair had known each other for four months and the woman had previously told Mr Mitchell she only wanted to be friends when he asked to begin a relationship.
The woman told police she was intoxicated and thought Mr Mitchell was taking her back to her room, but instead he allegedly took her back to his room and began kissing and touching her on his bed.
She allegedly told Mr Mitchell she "felt fuzzy" from the alcohol and turned away from him saying she wanted to sleep, but he began sexual intercourse.
The court heard she became uncomfortable and tried to push Mitchell away after telling him it was hurting, but he allegedly told her "it would be OK" and continued.
Mr Mitchell allegedly told police the woman had initiated the sexual contact after she pulled him towards his room when they were dropped off by 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.
He said after 30 to 40 minutes they both decided to stop because they were "tired and drunk".
ADFA agreed to arrange alternative accommodation for Mr Mitchell to keep him away from the woman after his first court appearance on June 3.
At the time, his defence lawyer said Mr Mitchell would not interfere with the investigation and was taking the matter "very seriously".
"He is someone with a chance to go further in life," he said.
"I can assure your honour I spoke to him in the cell downstairs and explained to him what's at stake here, it's his liberty."
Mitchell remained silent during his second court appearance on Thursday. He had his bail continued and the matter will return to court on September 1.
