Man found not guilty of raping fellow soldier at Bandiana army barracks

Elliott Macmillan, 31, faced three rape charges and one count of attempted rape stemming from an incident in mid-November 2020.

Macmillan and a more junior soldier had had consensual sex at the Bandiana barracks after a night of drinking.

While the sex was initially consensual, prosecutor Andrew Moore had argued in the Wodonga County Court the woman withdrew consent and asked Macmillan to stop.

It had been alleged he continued after she said "stop" multiple times and said "I don't want to have sex any more".

It had further been alleged he penetrated her when she pretended to sleep and then attempted to penetrate her.

Macmillan argued the offending never happened and that the woman never withdrew consent.

He said that there was no further sexual activity between them after both went to sleep.

Military police investigated before the incident was handed to Wodonga sex offence detectives in March 2021.

Macmillan said all sexual activity between the pair was consensual and he had stopped when she asked.

A jury in the Wodonga court on Thursday found him not guilty of all four charges.

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