A British Army corporal who raped a colleague after celebrating her promotion and then telling 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 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, 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 had not actually had sex with her at all.
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, Wilts.
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 Conway’s barracks in Harrogate, North Yorks, after a party.
Prosecuting, Jane Carpenter told the court the woman, who cannot be named for legal reasons, had arranged to stay in 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 Conway had groped the woman before she asked him to stop. They then fell asleep in the same bed.
Ms Carpenter said that after the alleged attack, the woman “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 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 Conway’s but no semen.
‘I said “it wasn’t going to happen”’
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.
She added: “I feel violated. The not knowing what he did is the worst part.”