A British Army corporal who raped a colleague and then told her ‘trust me you’re fine, I was wearing a condom’ has been jailed for more than seven years.
Corporal Daniel Conway attacked the female soldier in his room after a night out despite her ‘making it clear nothing was going to happen’ before she went to sleep, a court martial heard.
Confused and disorientated, she woke to find Cpl Conway performing oral sex on her and ordered him to stop before falling asleep again.
The woman then awoke to a ‘sensation like when you’re having sex’ and jumped out of bed in horror.
She ran to the bathroom and when she came back, Cpl Conway had gone.
The female soldier later messaged him on WhatsApp, asking if he’d worn a condom and he said he had, but when she accused him of rape he then claimed he hadn’t actually had sex with her at all.
Cpl Conway, of Regiment 1, Royal Logistics Corps, denied charges of rape and assault by penetration but was convicted of both offences at Bulford Military Court, Wiltshire.
He has now been dismissed from the armed forces and sentenced to seven years and six months in jail.
The trial had heard the attack took place at Cpl Conway’s barracks in Harrogate, North Yorkshire.
Prosecuting, Jane Carpenter told the court the woman, who cannot be named for legal reasons, had arranged to stay in Cpl Conway’s room beforehand and he asked if he could stay there with her.
Describing what happened when they went to the room after the party, Ms Carpenter said: ‘Cpl Conway began groping her bottom and she told him to stop. He did stop. They then spooned before going to sleep.
‘She woke and felt him penetrate her with his tongue. She wasn’t sure where to go or what to do. She went back to sleep.
‘She woke again and jumped up and felt something leave her. She went into the bathroom and when she came back in, he had left.
‘She messaged her friends to see if anyone was awake but no one replied.
‘In the morning when she said goodbye to everyone, he said nothing and left immediately. She messaged on WhatsApp saying his behaviour was unacceptable.’
‘He replied “trust me you’re fine, I was wearing [a condom]”.
When she accused him of rape, he denied having sex with her.
‘When he was arrested he said ‘I know why you’re here. I didn’t even sleep with her’.
DNA analysis of her underwear found saliva matching Cpl Conway’s but no semen.
The woman told the court: ‘I said “it wasn’t going to happen” and we had a conversation about that. I told him I’m not into one-night stands, and that I was interested in someone else. He’s a lot younger than me too.
‘He was groping my bottom… I was surprised. I told him to stop, and we went to sleep.’
In a video interview played to the court, the woman said: ‘I woke up and he was behind me and his face was between my legs. I told him to stop and he did.
‘Another time I woke up suddenly with the sensation like my body was being moved like when you’re having sex.
‘There was a sensation like I had been entered.’I jumped away – I was confused. I don’t know what was done to me… I went to the bathroom and when I went back he was gone.’
In the morning I had a shower, went to say goodbye to everyone and he was there. He left within a couple of seconds.
‘The woman told the hearing: ‘I feel violated. The not knowing what he did is the worst part.’
The next day, after a conversation with a friend, she messaged Conway on WhatsApp to confront him.
She texted: ‘You need to be more aware of what is wanted and what is not’. He replied ‘Very sorry. Being pissed isn’t an excuse. Apologies’.
The following day, she messaged ‘I know you had sex with me before I woke up. Were you wearing anything? I need to know if I was protected’.
He said ‘Trust me, you’re fine. I was wearing [a condom] I was steaming. I’m sorry, end of’.The female soldier told him ‘it was rape’ and he replied: ‘We didn’t have sex, I can assure you’.
Confused, she pointed out he admitted to wearing a condom, the court heard.
He replied: ‘We never had sex, I never entered you. I don’t know why I said that.’
