Former ANU academic Rick McGary is sentenced to more than six years in jail for raping two people. (ABC News: Matt Roberts)
In short:
The ACT Supreme Court has jailed a former Australian National University academic for six years for raping two people in separate incidents.
Rick McGary, 39, was tried three times before he was found guilty earlier this year.
Chief Justice Lucy McCallum said McGary had not accepted blame over the rapes which occurred in 2020 and 2016.
A former Australian National University (ANU) academic has been jailed for at least three years for raping two people in separate incidents years apart.
The case was supported by another person who gave evidence as a tendency witness, telling the court they had also been sexually assaulted by McGary in their student accommodation room at the ANU in 2016.
By the third trial, McGary faced a charge of raping that witness as well.
This time, the jury found him guilty of two out of three counts of rape.
McGary beaten in jail
McGary has maintained his innocence throughout all court proceedings and, at times, his frustration in the courtroom has been palpable, as he sighed heavily when he perceived things had gone against him.
He has been in custody since the guilty verdict in July.
At one point McGary attempted to get bail pending his appeal, with the court hearing that the conditions in jail were onerous.
The concerns included that he was unable to get the medication he required and also that he was beaten by other prisoners because of where he was held in prison.
At the time, Chief Justice McCallum said she was shocked by the footage, which was captured on CCTV as the fight spilled outside McGary's cell, showing him being kicked in the head.
But she said it was the "grim duty" of the court to send people to jail.
'Took what he wanted'
In court today, Chief Justice McCallum said she had assessed McGary as "a man of some intelligence" who paid "careful attention to words and expresses himself with precision".
She said, given that assessment, it was impossible to accept he would not have understood his victims when they told him they did not consent.
"The problem was not that their position was not clear — it was that they were not taken seriously,"
Chief Justice McCallum said.
"[The offender] acted in self-interest and took what he wanted."
The court heard how the 2016 rape had destroyed the first victim's "ability to feel ownership or joy in their own body" and had led to feelings of worthlessness, self-harm and suicidality.
As for the second victim, the court heard they described themselves "as a human being who had been irreversibly hurt" following the rape in 2020.
Court considers health conditions
The sentencing had been scheduled for November but was delayed due to McGary having a pancreatic tumour that required surgery.
The court heard today his prognosis was good, with no medication or cancer treatment required.
Despite that, Chief Justice McCallum accepted McGary's experience of prison would be harsher due to gastrointestinal discomfort and reduced his non-parole period by six months.
She added that she hoped his resistance to rehabilitation and refusal to take responsibility might ease as the prospect of potential parole nears.