news

She asked him to stop, and he kept going. But a court just decided it wasn't rape.

Another triumph for our justice system.

Yesterday, a clean-cut young man walked out of an ACT court room, acquitted of all charges of the rape of a young, female army cadet.

The man – 26-year-old Royal Military College cadet Jonathan David Hibbert – was acquitted despite admitting that when his at-first willing sexual partner asked him to stop having sex with her, he did not.

More on this: Cadet found not guilty of raping a fellow cadet last Anzac Day.

He was aquitted despite admitting that when he continued, he used his own force to change her position so that he could keep going.

He was aquitted despite admitting that the young woman tried to push him off throughout the encounter.

It’s a shocking, if familiar story. This, according to the courts, is what happened that night.

jonathan hibbert feature size
Jonathan David Hibbert. Image via ABC.
ADVERTISEMENT

On Anzac Day last year Hibbert met the young woman in the campus bar at RMC. She was in high spirits, having just marched for her country for the first time ever. She also had a crush on the more powerful, senior cadet – a scenario not uncommon to any workplace or training context.

Back in Hibbert’s room after the bar, the pair began having consensual sex, before the woman became uncomfortable. According to her evidence, she then told Hibbert to stop, but he told her he was not finished, and then pinned her down by the neck and arm, and continued to penetrate her.

Witnesses observed bruising on the woman’s arm and chest.

According to Hibbert’s own evidence, he eased off when the woman told him she was uncomfortable, but he did not stop. And then when she told him to stop, he did not stop, but changed positions instead.

Hibbert denies choking the woman but admits that it is likely that he put his hand on her chest and grabbed her arm, in what he describes as “vigorous” penetration.

ADVERTISEMENT

According to Hibbert’s own testimony, the woman also tried to use her hands to push him off her.

When the penetration eventually stopped, Hibbert says that he apologised to the woman and asked if there was anything he could do.

“It was weird, I felt weird,” he said. “I was confused and all of a sudden she was acting like she didn’t like me any more.”

Really?

Hibbert will be allowed to continue his cadet training at the Royal Military Academy.

In court the woman’s mother gave evidence that her daughter was extremely distressed and emotional, and had to be hospitalised following the ordeal. She also said that her daughter was reluctant to report the incident because she was highly concerned “about drawing attention to it, and one of the reasons was that he was the morale leader and was well-liked.”

Another cadet gave evidence of finding the woman wandering on the main street following the incident. “She said she’d been raped, and then she just huddled into a ball on the side of the road”, said the witness.

Despite having corroborated much of the woman’s own version of events, Hibbert claims that he is in “absolutely no doubt” that the woman was consenting.

It is hard to understand how or why a jury found this young man not guilty of rape.

But in case this verdict is confusing to some young men, allow us to take this opportunity to clear a few things up:

– When a woman tells you to stop, you stop. You don’t take it as an invitation to flip her over and change positions.

ADVERTISEMENT

– When a woman uses her hands to push you physically off her, you stop. You don’t merely slow down and keep going.

– When a woman tells you she is uncomfortable, you stop. You don’t take it as an invitation to pin her down by the chest and arm, leaving bruise marks.

– When a woman has had enough, you stop. You don’t get to keep going just because you haven’t finished.

– And finally, when a woman consents to sex at the outset, this does not mean you have carte blanche to then do as you please.

This is not just about obeying the law (although we should do that too): it’s about being a decent fucking human being. It’s about demonstrating an ounce of consideration for someone other than yourself. It’s about recognising that women are human beings who are entitled to control their bodies and have their physical autonomy respected.

And while research shows that jury attitudes are still lagging woefully behind the law, the law also very clearly states that consent can be withdrawn at any point in time, and if this is ignored, the sex becomes rape.

And finally, just because this man is still permitted to work as an Officer in the Australian Army, this doesn’t mean that his behaviour was in any way, shape or form even remotely morally acceptable.

It was not.

Want more pieces like this? Try these posts:

“I … pretended to be dead really, and I wished I was.”

Women victims blamed as ‘50% contributors’ to violence against them.

Do we need this convicted rapist teaching others how rape ruins men’s lives? No, we don’t.

They tell us “Mattress Girl” has made a sex tape. It’s much bigger than that

Tags: