Updated
A former Army captain has won an appeal against his conviction for raping a colleague with a beer bottle during a work function.
Key points:
- The former captain was convicted of rape in December
- The incident allegedly involved a beer bottle being used to violate a colleague
- A tribunal quashed the conviction on appeal, but has not published its reasons
Rhiley Boyson, 26, was sentenced to three months’ jail in December last year after being found guilty of the crime by a court martial.
It was alleged he had violated a male colleague with a beer bottle in the men’s bathroom at a function, while the man was lying on the ground.
Lawyers in the case described the incident as an act of “tomfoolery gone wrong”.
Mr Boyson was dismissed from the Army and demoted.
After the verdict he was taken to Holsworthy Barracks to be detained, pending an automatic review.
In his instructions to the panel, judge advocate Brigadier Michael Cowen reflected on the circumstances.
“There were some hijinks going on it the toilets at the time,” he said.
He told the court martial there was no suggestion the incident was motivated by sexual gratification.
Today the Defence Force Discipline Appeal Tribunal struck out the charge, after allowing Mr Boyson to lodge his appeal later than would normally be permitted.
The conviction has been quashed.
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