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Soldier not guilty

19 Mar, 2010 01:32 PM
MARCH 19, 2010

A SOLDIER has been cleared of allegations of raping a woman comrade at a Border army barracks.

Jurors returned not guilty verdicts at Wodonga County Court yesterday for Timothy Joshua Langston, 25, in relation to two counts of raping the woman.

The seven-man, five-woman panel had been deliberating since Monday.

The trial before Judge Liz Gaynor, which began on March 3, had previously heard Langston and the woman had been among a group of soldiers to attend Paddy's Irish Bar in Albury on April 11, 2008, while visiting a barracks in the Albury-Wodonga Military District for training.

A witness gave evidence he had told Langston at the hotel the woman had informed him she was a lesbian and had never had sex with a man.

Crown prosecutor Andrew Moore told the jury by the time the group returned to the barracks, the woman was too intoxicated to consent to sexual intercourse with Langston, who proceeded to rape her orally and vaginally.

But defence barrister Bill Stuart said the woman had been an active and consensual partner in the sexual activity.

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