A British Army corporal who raped a colleague before telling her, ‘believe me, you’re alright, I was wearing a condom,’ has been sentenced to more than seven years in prison.
Corporal Daniel Conway assaulted the female soldier in his quarters after a night out, despite her’making it obvious nothing was going to happen’ before going to sleep, according to a court martial.
She awoke confused and disoriented to discover Cpl Conway performing oral sex on her and ordered him to stop before going back asleep.
The woman awoke to a’sensation like when you’re having sex’ and bolted out of bed in terror.
She dashed to the restroom, and when she returned, Cpl Conway had vanished.
Later, when the female soldier messaged him on WhatsApp, she asked if he’d worn a condom, and he answered he had, but when she accused him of rape, he claimed he hadn’t had any sex with her at all.
Cpl Conway, of Regiment 1, Royal Logistics Corps, contested rape and assault by penetration accusations but was found guilty of both at Bulford Military Court in Wiltshire.
He was discharged from the military and sentenced to seven years and six months in prison.
The attack took place at Cpl Conway’s barracks in Harrogate, North Yorkshire, according to the evidence.
Prosecutor Jane Carpenter told the court that the woman, who cannot be named for legal reasons, had planned to stay in Cpl Conway’s room ahead of time and requested if he might join her.
Describing what happened when they walked to the room after the party, Ms Carpenter said: ‘Cpl Conway began grabbing her bottom and she urged him to stop. He did come to a halt. They then spooned before retiring to bed.
‘She awoke to feel his tongue pierce her. She had no idea where to go or what to do. She returned to sleep.
‘She awoke, leapt up, and felt something leave her. She went into the bathroom, and when she returned, he had gone.
‘She texted her friends to ask whether they were awake, but no one responded.’When she said her goodbyes to everyone in the morning, he said nothing and departed right away. She told him his behavior was inappropriate in a WhatsApp chat.
‘He said, ‘believe me, you’re alright, I was wearing [a condom].” He denied having intercourse with her after she accused him of rape.
‘When he was apprehended, he remarked, ‘I know why you’re here. ‘I never even slept with her.’
DNA examination of her underwear revealed saliva that matched Cpl Conway’s but no sperm.
The woman told the court, ‘I stated “it wasn’t going to happen,” and we talked about it. I informed him that I was not interested in one-night stands and that I was interested in someone else. He’s also a lot younger than me.
‘He was grabbing my behind… I was taken aback. We went to bed when I told him to stop.’
‘I woke up and he was behind me and his face was between my knees,’ the woman stated in a video interview shown in court. When I told him to stop, he did.
‘Another time, I awoke suddenly with the sense that my body was being moved as if I were having sex.
‘I had the feeling I had been entered.
‘I jumped away, perplexed. I’m not sure what happened to me… I went to the restroom, and when I returned, he was gone.’
‘I had a shower in the morning, went to say farewell to everyone, and he was there. He was gone in a matter of seconds.’
‘I feel violated,’ the woman said throughout the hearing. The worst part is not knowing what he did.’
After a conversation with a friend the next day, she messaged Conway on WhatsApp to confront him.
‘You need to be more conscious of what is wanted and what is not’, she texted.
‘I’m sorry,’ he said. Being angry isn’t an excuse. Apologies’.
‘I know you had sex with me before I woke up,’ she texted the next day. Were you dressed in anything? I need to know if I was safe’.
‘Trust me, you’re alright,’ he said. I was heating while wearing [a condom]. I’m sorry, I’m out’.
The female soldier informed him that “it was rape,” to which he answered, “We didn’t have sex, I can assure you.”
She was perplexed when he admitted to wearing a condom, the court heard.
‘We never had sex, and I never penetrated you,’ he said. I’m not sure why I said that.’
