A left-wing Jewish academic has been jailed for violently raping two women in Canberra, but could walk free in less than three years despite showing no remorse for his crimes.
Dr Richard Emory McGary Jr, 39, a US citizen, was found guilty of two counts of sexual intercourse without consent by an ACT Supreme Court jury in July, and was sentenced on December 18 to six years’ imprisonment with a three-year non-parole period.
The former casual academic, who complained at a sentencing hearing in October about the availability of kosher food in jail and attacks by other inmates, faced two previous trials – the first aborted and the second ending with a hung jury – before being convicted, but is planning to appeal.
His sentencing was delayed after he had surgery on a pancreatic tumour, but although his prognosis was good and he does not require cancer treatment, Chief Justice Lucy McCallum reduced his non-parole period by six months as his gastrointestinal discomfort will make prison harsher.
The court heard McGary’s first victim, who he attacked in his room at the Australian National University in 2016, begged him not to rape another woman, but he went on to violently assault a second victim at a reserve in 2020, and told her afterwards, “you didn’t even cry, freak”, Region Canberra reported.
Chief Justice McCallum said in sentencing McGary knew his victims were not consenting but “took what he wanted”, and found he had shown no remorse and refused to accept responsibility, writing in a letter to the court “I steadfastly believe that each victim consented”.
The court also heard McGary has a $400,000 student debt and claims to have autism and ADHD.
In 2024 McGary sought to have his trial vacated on six grounds, including his “Jewish ethnicity and faith”, which he argued precluded the possibility of a fair trial due to the political climate at the time, but all were dismissed by Chief Justice McCallum.
He also tried to get the jury in his second trial discharged when some of the jurors asked for counselling to help them deal with the graphic content of text message evidence where he discussed his BDSM sexual fantasies.
In an online profile from 2019 McGary was described as a legal academic studying a PhD in law at the ANU’s National Centre for Indigenous Studies on the topic of “Racism in the Criminal Law of Australia”.
“Rick has a long personal and family history of fighting institutional racism in the courtroom. He is himself a mixed race Texan with significant Cherokee Indian ancestry, a former researcher for the Innocence Project of Texas, the son of an international womens’ rights lawyer, and the grandson of the attorney who desegregated Texas public schools,” the profile states.
“Currently living in Canberra, Rick is incredibly grateful for the opportunities he is receiving in Australia, and hopes to help make a difference here as well.”
McGary will be eligible for parole in July, 2028.
Header image: Rick McGary (Balmain Institute).
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