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ABC News
ABC News
National
Elizabeth Byrne

Alleged ADFA rape victim found weeping under desk, court hears

ADFA cadet Jack Toby Mitchell outside the ACT Supreme Court.

An ADFA cadet has told a Canberra court she found her friend under her desk, weeping and rocking from back and forth, the day after she was allegedly raped by a male cadet.

Jack Toby Mitchell, 18, has been accused of raping a woman who had passed out from drinking too much after a night out in Canberra.

The woman sobbed today under intense questioning from Mitchell's lawyer Steve Whybrow in the ACT Supreme Court.

She denied Mr Whybrow's suggestions that Mitchell had asked her if she was sure she wanted to have sex, and that she had said yes.

He also suggested she had reported the incident to protect her own reputation.

"It was not to protect my reputation," the woman said.

The woman added that she had taken a while to report the matter because it took time to realise what had happened to her, because Mitchell was a friend.

"I didn't want to accept that that was what happened," she said.

"I did not realise I was being raped when it was happening.

"I don't know when I realised in my head ...because I did not want to accept it."

Female cadets encouraged her to report alleged rape

Her friend, a cadet from the same division, told the court she believed the pair had been interested in each other.

She said the woman told her about an incident when they had kissed while they were out running.

But she said she realised something was wrong when she saw the woman in a distressed state under her desk.

"Weeping and rocking back and forth looking at her phone saying he won't stop messaging me," she said.

The fellow cadet said she and other female cadets urged her to report the matter, but the alleged victim did not go to police until a few days later.

The trial will continue next week.

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