A former army captain jailed for raping a fellow officer who was also his friend with a beer bottle has had his conviction quashed on appeal.
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The Defence Force Discipline Appeal Tribunal agreed to allow Rhiley Boyson, 26, to appeal out of time.
It upheld his appeal at a hearing in Brisbane on Thursday.
The tribunal has not published reasons.
Captain Boyson faced a five day court martial in Canberra in December.
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His conviction for sexual intercourse without consent was the first conviction for that crime secured in the military jurisdiction in at least 20 years, prosecutors had said.
Following the conviction Captain Boyson was demoted and kicked out of the military.
He was also jailed for three months.
The hearing at the court martial facility in Fyshwick was told Boyson had been at an army social function in 2017 with the victim, who was a friend and fellow officer.
The group's drunken bathroom horseplay ended with the victim in a vulnerable position on the floor frantically trying to pull his pants and underwear up.
Boyson inserted a beer bottle into the man's buttocks in an incident that lasted a few seconds.
The victim did not report the incident to Defence Force police until later that year.
Boyson was suspended without pay while he awaited court martial.
He pleaded not guilty, but another officer gave evidence that the victim had told her what happened soon after, and that Boyson later admitted it to her.
Prosecutors and the defence described the offence committed by Captain Boyson against his friend as a prank, "an act of tomfoolery gone too far".