17-07-2025
Former ADFA cadet sentenced to almost two years in jail for raping colleague in her academy room
Warning: This story contains details of sexual offences which may distress some audience members.
An ACT Supreme Court judge has issued a scathing assessment of the Australian Defence Force Academy (ADFA), as he jailed a cadet to nearly two years for raping a colleague.
Angus Ross Robertson, 24, was found guilty by a jury of two counts of rape and two of committing an act of indecency on a woman who lived in the same building at the academy.
The victim told the court she had agreed to kissing Robertson, but told him several times "I do not want to do anything".
She said Robertson persisted, and got a bit "handsy", but she said she wasn't worried at first, thinking, "This is just drunk Robbo".
The court heard Robertson pressed on, repeatedly asking for sex.
"Let me show you how good I can f**k you."
"The victim capitulated and said, 'Yeah sure'," Justice David Mossop said.
But he said the victim said she had not participated, feeling confused and disgusted in herself, eventually telling Robertson: "I don't want this".
By finding Robertson guilty the jury had accepted that consent was not willingly given.
Justice Mossop said in the aftermath Robertson said to the victim, "You are being so uptight".
He also told her not to tell anyone.
He found the crime was opportunistic rather than pre-meditated, but showed Robertson had a particular attitude.
He suggested that attitude may have some explanation in Robertson's success at ADFA where he was liked by his superiors, had been made a divisional cadet captain, and was heavily involved in the rugby club.
He was described as "somebody made for the job".
Justice Mossop also took aim at other circumstances.
"The institutional environment at ADFA — which puts young males and females, inexperienced with adult life, together in a military, academic, residential and social context involving a significant degree of competition and the hierarchical systems of authority inherent in a defence force — is one in which sexual offending by men upon women is an obvious risk," Justice Mossop said.
He suggested whatever measures ADFA has put in place to address the issue haven't worked.
The court heard after the sexual assault the victim was in denial, and did not make a complaint for some time.
It was only after she was told by Robertson's former girlfriend that he had scabies, and she went to a health centre, that she disclosed the sexual encounter was not consensual.
He said she was "ostracised, bullied and sl*t-shamed", particularly by the rugby club.
The woman said the consequences were far reaching beyond anything she imagined.
During sentencing today Robertson's barrister, Sharyn Hall, urged the court to place him on an intensive corrections order so he could serve his sentence in the community.
Ms Hall conceded "the consent she purported to give was not freely given", but told the court the crimes were at the low end of objective seriousness.
She said Robertson had continued to ask for permission and didn't go further until the victim agreed, although she accepted the jury found that consent was not freely given.
Ms Hall said there was no premeditation.
"The offender clearly took advantage of the situation he found himself in."
She told the court her client appeared to be a polarising figure, liked by some and not by others.
Ms Hall said Robertson had gotten on with his life, finishing his degree and setting up his own business.
She told the court there was no evidence he was violent person.
But Prosecutor Marcus Dyason referred to the evidence of the victim, who told Robertson she would go no further than kissing.
Mr Dyason said Robertson had engaged in a pattern of behaviour which led to what he wanted to do.
He said the prosecution had not said Robertson had a "violent character", but rather there was clearly another side to him.
Mr Dyason said the aftermath was an extremely difficult time in the victim's life, leading to a level of harm to the victim which "was high if not severe".
Justice Mossop found the risk of reoffending was low, but that the crime warranted time in jail.
Robertson has been sentenced to 22 months in jail, to be suspended after nine months.
He will also serve a three-year good behaviour order.
