Dr Richard Emory McGary Jr, now aged 39, pictured outside the ACT Courts in 2024. Photo: Albert McKnight.
CONTENT WARNING: This article refers to sexual abuse.
The first of two women raped by the same man claimed both the Australian National University (ANU) and police failed to take any action when complaints were made about him nearly a decade ago.
Dr Richard Emory McGary Jr, who obtained his PhD from and used to work as a casual academic at ANU, was found guilty of raping his first victim in 2016 and the second in 2020 in a trial held earlier this year.
The first survivor faced him in the ACT Supreme Court in person on Monday (13 October) and said it was a sign of a fundamentally broken system that they had gone forward to authorities to report his abuse, but it took another person being victimised for them to be taken seriously.
“The responses I received from the university and the police when I reported what had happened only reinforced the same message your actions had given me, that my safety, my dignity and my worth did not matter,” the survivor, who uses they/them pronouns, told McGary.
“Their failure to take meaningful action compounded the harm and deepened my fear that you would hurt others.
“I worried that you would learn from their inaction that your behaviour could go unchallenged, that you could get away with violence of this kind. I was tormented by the likelihood that you would assault someone else.”
The first survivor said McGary’s assault derailed their life.
“To use my body with absolute disregard for the human being it is home to was an act of intimate destruction,” they said.
“By treating me as an object, you shattered my belief that I was in charge of myself.
“I’ve borne the cost of your actions for the last nine years. I expect I’ll continue to carry it in some form for the rest of my life, but I know my future will be defined by my strength and not by your violence.”
The second woman called her rape a “heinous crime” in a statement read to the court.
“RM [sic] initially destroyed me. And every day since I’ve lived with the wounds and scars,” she said.
“The truth is, I cannot fully describe the irreparable damage RM has caused. There are not enough words.”
McGary was seen writing on a notepad while his victims’ statements were read to the court. He also wrote notes and then loudly tapped to get his lawyer’s attention to show him what he’d written as his sentencing hearing progressed.
He had been found guilty on two counts of sexual intercourse without consent at the end of his jury trial in July, and then had his bail revoked.
After he was taken into custody, he suffered a “shocking” assault in jail.
When he gave evidence on Monday, prosecutor Trent Hickey asked if he felt any empathy for his victims.
“I do deny committing the offences,” the 39-year-old said.
“I’m not going to believe that I did something that I didn’t.”
The author of a pre-sentence report said McGary complained of issues with his hearing after the assault in jail and hadn’t shown any remorse for the rapes.
Defence lawyer Andrew Tiedt said his client had recently been told he had cancer, but Mr Hickey said his office needed time to confirm he had such a diagnosis.
Mr Tiedt also argued Chief Justice Lucy McCallum couldn’t be satisfied his client knew the victims were not consenting.
Mr Hickey said it was painfully clear from the victims’ statements that significant harm had been done to them, and he asked for the court to impose a substantial period of full-time imprisonment.
“He doesn’t see that he’s done anything wrong,” the prosecutor said.
McGary hadn’t known either victim for long before the assaults.
In 2016, he and the first victim engaged in some consensual sexual activity, but they told him they didn’t want to have sex. However, he then had sex with them while they froze.
Also, in 2020, the second woman said they were kissing before McGary also had sex with her without her consent, even though she had told him, “No”.
McGary, who also worked as a sessional casual at the University of Canberra before he was charged, has filed an appeal against his guilty verdicts. Jurors had heard he claimed the sex was consensual.
Chief Justice McCallum said she would hand down her sentence on 17 November.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
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