The trial into the former Duntroon cadet accused of raping a fellow cadet in her room ended with a hung jury on Friday.
Fijian national Samisoni Baikeitoga, 24, was accused of raping the woman after a night out drinking in April last year.
The alleged victim told the ACT Supreme Court she awoke to a man on top of her having sex with her and she told him to stop several times before he did.
DNA testing proved the man was Mr Baikeitoga. However, Mr Beikeitoga maintained the sex was consensual and only happened after the woman had been kissing him and brought him to her room.
In the past three years three Canberra-based Australian Defence Force Academy cadets have faced trial for alleged sexual assaults. Two were found not guilty and one had his conviction overturned on appeal.
After seven days of evidence and deliberating for six hours the jury were adamant they would not reach a unanimous verdict.
"We are certain we will never be able to reach a unanimous verdict," a note from the jury read.
Justice Michael Elkaim discharged the jury saying he was satisfied they would not reach agreement.
"[The case] is a very important issue and one where minds might differ," Justice Elkaim said.
Mr Beikeitoga's solicitor Jacob Robertson said after court, it was a disappointing result for his client and the alleged victim.
"It's an unfortunate and disappointing result for everyone involved," Mr Robertson said.
"The anxiety, financial and emotional toll is enormous and neither can take any steps forward.
"[Mr Beikeitoga] now faces a further indefinite period of time until he can return home."
It was indicated there would eventually be an application to alter Mr Baikeitoga's bail as he had not been able to return to Fiji to see his family for two years.
Mr Baikeitoga would be required to return to Australia in the event of a re-trial. He must also not communicate with any witnesses.