British Army instructor, 24, accused of raping a female colleague after an all-night drinking session ‘admitted that she had said ‘no’ when he tried to have sex with her’, court martial hears
A British Army instructor was secretly recorded admitting a female colleague had told him ‘no’ moments before he allegedly raped her, a court martial heard.
Private Omar Archibald, 24, admitted he had sex with the woman in her bedroom in Yorkshire but denies her claims that she was so drunk she only remembers not wanting to sleep with him, a military court heard.
The hearing was told Pt Archibald ‘pestered’ the female soldier who he had ‘fancied for some time’ to join him during a drink-fuelled evening on base.
But after initially rebuffing his advances, and drinking Gordon’s pink gin, Apple Sourz, Smirnoff vodka and beer, she told the 24 year old which room she was in during the early hours of the following morning.
He then came and sat on her bed, removed her clothes and started having sex with her, the woman claims.
She told the court she could remember saying ‘no’ and could not remember how they then had sex due to how drunk she was at the time.
The court also heard a recording in which the soldier admitted his colleague had said ‘no’ when he tried to have sex with her.
Private Omar Archibald had sex with the woman in her bedroom in Yorkshire when she was so drunk she can only remember not wanting to sleep with him, Bulford Military Court (pictured) heard
Graham Coombes, prosecuting, said Pt Archibald knew the female soldier through his work as a physical training instructor at the garrison in Catterick, North Yorkshire.
He told Bulford Military Court in Wiltshire: ‘Sometime after 7.30am she was raped by the accused in her single living accommodation.
‘Due to her heavily intoxicated state, she was either too drunk to consent or was so vulnerable due to her state of intoxication at the time the accused couldn’t reasonably believe she was consenting.’
The court heard how the female soldier had been drinking from 7pm until 6am and had consumed large amounts of alcohol.
Mr Coombes added: ‘For reasons unclear, but most likely due to how heavily intoxicated she was, when he messaged her [at 7am] asking what room number she was in so he could pop round she messaged back with her room number.
‘She will say by this time she was very drunk and just wanted to go to sleep.
‘Her memory was heavily affected by the alcohol but she has memories of kissing the accused in her bed. The next thing she remembers is the accused having no clothes on and her really not wanting to have sex with him.
‘She remembers pushing him away’ [as he tried to have intercourse with her] … her telling him ‘no, I don’t want to’.’
He also said the court would be shown Instagram messages prior to the alleged rape which are ‘quite revealing’ and shows she ‘rebuffs’ his ‘advances’ where he asks her out for a meal and a drink.
Mr Coombes also said: ‘He was messaging her throughout the entire evening asking her, to the point of pestering her, whether she was coming to the male accommodation block for drinks.
‘This pestering reaches the point she has to tell him ‘chill’ on two separate occasions.’
The court heard she messaged him saying she was still drunk in the morning and had not yet gone to sleep, while he had slept and sobered up before he arrived at her room at about 7.30am.
She said: ‘I just remember being very drunk. He came to my room, sat on my bed, I’m assuming we started kissing but I don’t remember.
‘The next thing is him not having any clothes on and me really not wanting to have sex and pushing him away a few times saying I don’t want to do it.
‘I think maybe I just gave in […]. I don’t really remember anything about it.’
She said she arranged to meet Pt Archibald just over a week later to get ‘clarity’.
The court then heard a recording in which the soldier admitted his colleague had said ‘no’ when he tried to have sex with her.
But he went on to say she then started kissing him and taking her own clothes off before they had sex, which he took as consent.
He said: ‘You did say no, but then you took all your clothes off.’
She told the court: ‘Taking my clothes off isn’t consent to have sex, as well as me saying no.’
The court also heard, in his police interview, that Pt Archibald denied raping the woman and insisted ‘all sexual activity was performed with mutual consent’
Addressing the woman, Tom Wilkins, defending, then said: ‘You may have been drinking but you consented to him coming round.
‘You may have regretted it, but you consented to the sex. You did consent but your memory was fragmentary and you just weren’t sure what happened.’
She replied: ‘The one event I remember from that night is I said no.
‘I know I didn’t want that to happen and equally I know I was too drunk to make a decision about whether or not I wanted that to happen.’
The court heard, in his police interview, that Pt Archibald denied raping the woman and insisted ‘all sexual activity was performed with mutual consent’.
He also claimed she did not appear intoxicated and that in the recording him conceding she said ‘no’ did not relate to them having sex.
Pt Archibald, of 27 Regiment Royal Logistics Corps, denies one charge of rape.
The trial continues.