Suspended army officer jailed for three years after raping an ADFA colleague in 2022
An ACT Supreme Court jury last year convicted Sullivan of two counts of rape and one of committing an act of indecency.
Sullivan's lawyers today flagged a last ditch bid to keep him out of jail today, before abandoning an application to stay the sentence ahead of an appeal to be heard next month.
In 2022, Sullivan had gone to the room of a fellow ADFA cadet after the pair had agreed to have sex.
The two had originally met some time before on a Tinder date and maintained a casual relationship for a while before parting.
They had reconnected earlier that year, and after meeting at Canberra nightclub Mooseheads where the victim had gone with some of her friends, the two returned to the academy.
The victim said she had agreed to have sex with Sullivan, but withdrew her consent after she said he became aggressive and had hurt her.
That included pulling her hair and grabbing and twisting her breast, leaving bruising.
The woman told the court she said words to the effect of "ow" or "that really hurt".
She said she had turned to go to sleep.
The court heard Sullivan then said "you are the one who invited me here" and he continued.
The woman said she froze.
Justice Belinda Baker said the offender was much bigger than the victim and she was scared.
Justice Baker noted the victim impact statement, in which the woman said she was raped in her own bed despite giving Sullivan more than one indication to stop.
The victim said it had affected her mental health, her career and relationships and robbed her of her sense of safety.
Justice Baker took particular aim at Sullivan's response when the woman reversed her consent, that she had invited him over.
"That demonstrated a selfish entitlement towards her," Justice Baker said.
"The offender prioritised his own sexual gratification over any consideration of the victim."
Sullivan has maintained his innocence throughout.
Sullivan has been sentenced to three years and three months in jail to be suspended after 15 months, meaning he will be eligible for parole late next year.
His appeal against his conviction will be heard in August.
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