Key Takeaways
- A former Australian National University (ANU) academic, Rick McGary, has been sentenced to six and a half years in prison for raping two people in separate incidents.
- McGary has lodged an appeal against his convictions, which is expected to be heard next year.
- The court found that McGary showed no remorse for his actions and externalized blame, leading to a harsher sentence.
- The case has a complicated history, with McGary being tried three times before being found guilty of two counts of rape.
- The victims of the rape have spoken about the significant impact the trauma has had on their lives, including feelings of worthlessness, self-harm, and suicidality.
Introduction to the Case
A former Australian National University (ANU) academic, Rick McGary, has been jailed for at least three years for raping two people in separate incidents years apart. McGary, 39, was found guilty of two counts of rape by a jury earlier this year. The case has a complicated history, with McGary being tried three times before being found guilty. The first two trials related to an incident at the Cotter Reserve in 2020, where he had gone with the victim on his birthday. The case was supported by another person who gave evidence as a tendency witness, telling the court they had also been sexually assaulted by McGary in their student accommodation room at the ANU in 2016.
The Sentencing
In sentencing McGary, Chief Justice Lucy McCallum said she was compelled to consider the attitude of the offender to the offences. "The offender has no remorse … he externalises blame … and steadfastly proclaims his innocence," Chief Justice McCallum said. "Substantial weight should be given to making him accountable for his actions and denouncing his conduct," she said. McGary showed little reaction as he was sentenced to six and a half years behind bars with a non-parole period of three years. The court heard that McGary’s experience of prison would be harsher due to gastrointestinal discomfort, and his non-parole period was reduced by six months as a result.
The Complicated Path to Convictions
The case has a complicated history, with McGary being tried three times before being found guilty. The first two trials related to an incident at the Cotter Reserve in 2020, where he had gone with the victim on his birthday. The case was supported by another person who gave evidence as a tendency witness, telling the court they had also been sexually assaulted by McGary in their student accommodation room at the ANU in 2016. By the third trial, McGary faced a charge of raping that witness as well. This time, the jury found him guilty of two out of three counts of rape.
McGary’s Behavior in Court
McGary has maintained his innocence throughout all court proceedings and, at times, his frustration in the courtroom has been palpable, as he sighed heavily when he perceived things had gone against him. He has been in custody since the guilty verdict in July. At one point, McGary attempted to get bail pending his appeal, with the court hearing that the conditions in jail were onerous. The concerns included that he was unable to get the medication he required and also that he was beaten by other prisoners because of where he was held in prison. At the time, Chief Justice McCallum said she was shocked by the footage, which was captured on CCTV as the fight spilled outside McGary’s cell, showing him being kicked in the head.
The Impact on the Victims
The court heard how the 2016 rape had destroyed the first victim’s "ability to feel ownership or joy in their own body" and had led to feelings of worthlessness, self-harm, and suicidality. As for the second victim, the court heard they described themselves "as a human being who had been irreversibly hurt" following the rape in 2020. Chief Justice McCallum said she had assessed McGary as "a man of some intelligence" who paid "careful attention to words and expresses himself with precision". She said, given that assessment, it was impossible to accept he would not have understood his victims when they told him they did not consent. "The problem was not that their position was not clear — it was that they were not taken seriously," Chief Justice McCallum said. "[The offender] acted in self-interest and took what he wanted."
McGary’s Health Conditions
The sentencing had been scheduled for November but was delayed due to McGary having a pancreatic tumour that required surgery. The court heard that his prognosis was good, with no medication or cancer treatment required. Despite that, Chief Justice McCallum accepted McGary’s experience of prison would be harsher due to gastrointestinal discomfort and reduced his non-parole period by six months. She added that she hoped his resistance to rehabilitation and refusal to take responsibility might ease as the prospect of potential parole nears. McGary has already lodged an appeal against his convictions, which is not expected to be heard until next year.