An Army inclusion and diversity officer allegedly “took advantage” of a younger male soldier and sexually assaulted him after a Ministry of Defence Christmas ball, a court martial has heard.
Dean Nelson, 33, left the soldier “frozen” in fear as he kissed the back of his neck and touched his groin, the court heard.
The younger man was apparently left in tears by the approach, which he says was unwarranted. Nelson’s defence lawyers argued that the complainant “initiated the activity” and placed Nelson’s hand on his groin voluntarily, the court heard.
Warrant Officer Class 2 Nelson, of the Royal Logisitics Corps, was a staff sergeant stationed at the British Army headquarters in Andover, Hants. He also had a role on the diversity and inclusion team.
He is now stationed at RAF Northolt and denies one count of sexual assault.
Prosecuting lawyer William Peters told Bulford Military Court: “[The complainant] had travelled to the event with a man - not in a relationship, simply a friend. The two of them had booked a room in a hotel.”
Mr Peters told the court there was a “falling out” between the two during the evening, meaning this other soldier no longer wanted to share the hotel room as planned.
“The prosecution’s case is that [Nelson] told [the complainant] he could stay in his room - [the complainant] took him up on this offer.”
The court heard after getting some crates of beer Nelson went up to his room with the soldier and a couple of others - who had left by around 4.30am, leaving just the two of them in the room.
“[The complainant] settled down on the chair and after a while [ Nelson] said there was room on the bed if he wanted somewhere more comfortable,” Mr Peters continued.
The court heard the soldier interpreted this as a “friendly offer” and got onto the bed - on top of the duvet - but could feel Nelson “shuffling over”.
He continued: “[Nelson] started touching his chest - at one point [the complainant] froze and lay staring at the ceiling.”
Mr Peters told the court his touching “progressed” from his chest and abdomen to his leg and groin area, eventually touching the soldier’s privates.
The soldier allegedly removed Nelson’s hand, but it was said the senior soldier “continued to fondle” his private parts despite being told “repeatedly to stop”.
Nelson accepts that he touched the soldier’s groin area but it is his case that the complainant initiated the activity, the court heard.
The prosecution alleges that Nelson instead “took advantage of the predicament the younger man found himself” and “touched him against his wishes”.
The soldier told the court that he “froze” during the incident.
He said that earlier in the night he had bumped into Nelson into the smoking area of the event and Nelson offered him a place in his hotel room, following the argument with his colleague who had originally taken the spot.
The soldier said: “He offered me a place, he said ‘you can sleep on my floor or chair’.”
At the end of the night, Nelson got into boxer shorts and T-shirt to sleep and told the soldier that there was plenty of room in the bed if they wanted to share, the court heard.
“I accepted, on top of the covers,” the soldier said. “He proceeded to get closer to me. I thought he had fallen asleep and it was muscle memory - I was at the end of the bed trying to give him space.”
“He started getting a bit more touchy-feely - his hands were exploring. I didn’t know what to do. I phased out - disassociated.”
He continued: “My response was ‘no, I don’t want to do this, I’ve got a boyfriend’.
“I was anxious, I have disassociation - I was there but I wasn’t there mentally.
“At certain points I froze. Time seemed to go slower.
“It was not consensual on my end.”
Eventually he said he collected his belongings and got the first train back home and telephoned a friend in tears to tell them what had happened.
The trial continues.
