SAM AVERY, NAVY SAILOR FROM PORTSMOUTH, SENTENCED TO FIVE YEARS FOR RAPE
A Royal Navy sailor who served aboard HMS Prince of Wales has been sentenced to five years in prison after being found guilty of raping a female colleague while she was asleep.Leading Seaman Sam Avery was convicted at Bulford Military Court in Wiltshire and has been dismissed from Her Majesty's Service with disgrace.
The female sailor, who is not publicly named, awoke to find Avery engaging in sexual intercourse with her, with his hands on her waist and her pants pulled down to her knees.
She had previously declined two of his advances but had agreed to let him stay in her bed for the night before falling asleep.
The woman described the incident as happening unexpectedly, stating, "It came out of nowhere; there was not even a friendly hug or kiss between us." She emphasized that the only sexual contact was from the previous refusals.
Avery, who worked refuelling stealth fighters on HMS Prince of Wales, denied the charge of rape, claiming to have no memory of having sex with her and maintained that if anything did happen, it was consensual.
Judge Robert Hill, sentencing Avery, told him he had betrayed the trust of the woman, who had voluntarily let him stay in her room.
Judge Hill explained, "You and your victim had been contacting each other via social media but had not met previously.
On the night of the offence, you both were in Portsmouth and went back to her address.
You both went to bed, and she took you on trust.
There was no prior sexual activity." He noted that the woman had firmly rebuffed Avery twice, making it clear she did not want sex.
The court heard the woman had been out with friends at a pub in Portsmouth before returning home.
Prosecutor William Peters explained that Avery, who is part of 207 Squadron RAF Marham, Norfolk—a joint RAF and Navy unit for the F-35 Lightning stealth fighter—had been messaging her through a group social media account.
After running into him, she invited him back to her room for a drink and allowed him to sleep in her bed.
Mr.
Peters said, "He attempted to touch her twice but was rebuffed.
She then awoke to find him on top of her, with his penis inside her, her pants pulled below her knees, and his hand around her waist." A police interview shown in court featured the woman describing her shock: "He touched me on my waist, I told him no, and he stopped.
About five minutes later, he did it again, I told him no and he stopped again.
I drifted off to sleep and was awakened to find him inside me.
I asked him what he was doing, asking if he realized what he had just done." She recounted feeling shocked and surprised, emphasizing that there had been no prior sexual gestures or kisses.
She further explained in the interview that Avery was making noises of pleasure and grunting during the alleged assault.
Forensic analysis confirmed that Avery’s DNA was inside her.
The woman also testified that Avery had messaged her the following day, inquiring about her well-being.
She recounted replying, "I am traumatised by waking up to you inside me," to which Avery responded, asking if she was sure.
She confirmed her trauma and clarified that the encounter was non-consensual, telling him, "You did not have consent." Avery read her message but did not reply.
