Nathan Austin found not guilty of ANU accommodation rape charges

Nathan James Austin let out a loud breath of relief and bowed his head after being acquitted of six counts of sexual intercourse without consent and one act of indecency without consent.

He soon after embraced his visibly emotional mother, who had watched the proceedings from the public gallery.

Jurors deliberated for about a day-and-a-half before informing Mr Austin, aged in his early 20s, of his fate.

At the heart of the six-day trial was the issue of "free and voluntarily given consent", with parties differing on many crucial aspects of the night of November 25, 2021, and the following early morning.

It was agreed Mr Austin and the woman ran into each other at Mooseheads nightclub after not having spoken in years, and that the pair went home together and engaged in sexual acts.

It was also agreed the woman had earlier in the night stated she was not interested in penetrative sex, but how this was worded and how many times it was said remained in debate.

Jurors heard different accounts of what eventually happened at the woman's ANU housing, when Mr Austin was an Australian Defence Force Academy student.

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Defence barrister Margaret Jones told jurors her client has sought "clear consent" from the woman.

"I checked with her that everything was OK," Mr Austin said during a police interview.

Ms Jones also said the woman's earlier warnings about physical boundaries became "somewhat redundant" when they kissed in bed throughout the first instance of digital penetration.

"This would suggest she was actually consenting," Ms Jones said in her closing address.

"One of those non-verbal signs that would indicate consent."

The barrister said that to an outside observer, it might appear the woman had "changed her mind".

"It must have appeared thus to my client," Ms Jones said.

The court heard Mr Austin had a "genuine belief" further acts were consensual.

Prosecutor Melanie O'Connell said Mr Austin had raped the woman in multiple ways while she was awake and asleep or half-asleep, despite her setting out "crystal clear" boundaries on the walk home and in her bed.

"I'm not letting you in if you want to have sex, I just want to be really clear," the woman allegedly said before the pair entered her accommodation.

"Nothing below the waist," she allegedly said in bed.

She is also said to have made multiple attempts to avoid or stop penetrative acts, including saying she wanted to go to sleep, that she did not have contraception and that he was causing her pain.

"She clearly and unequivocally communicated the terms on which the accused was allowed into her home," Ms O'Connell said in her closing address on Monday.

Jurors had previously seen text message exchanges between Mr Austin and the woman, which included her saying he had to "respect women" and "ensure they are sober and awake".

"When someone is asleep, it isn't an invitation to try and arouse them," one of the texts said.

"I'm sorry if I did anything out of line. That's a really shit thing to do and you're right, not very respectful," Mr Austin responded.

Ultimately, the jury decided the seven charges were not proven beyond a reasonable doubt.

The issue of legal costs remain to be determined.

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