After raping his female colleague while she was sleeping, a Royal Navy sailor is now in prison for five years.

The female sailor woke up to find Leading Seaman Sam Avery sexing with her, his hands on her waist, and her pants pulled to her knees.

The woman, who cannot yet be identified, had declined two of his previous advances, before falling asleep after agreeing that LS Avery would stay the night in her bedroom.

She claimed that the attack “came out of nowhere” as there was no friendly hug or kiss between them and their only sexual contact was through her rejections.

LS Avery, who was a refuelling stealth fighter pilot on the aircraft carrier HMS Prince of Wales claimed that he had never had sex with her and denied any charges of rape. He stated that if anything happened, it must have been consensual.

However, he was sentenced at Bulford Military Court in Wiltshire and placed in jail for five years. LS Avery was also disgracefully dismissed from Her Majesty’s Services.

Royal Navy Leading Seaman Sam Avery, pictured arriving at Bulford Military Court, was found guilty of raping a female colleague at her home after a night out in Portsmouth and jailed for five years. He was also dismissed from the Royal Navy in disgrace

Royal Navy Leading Seaman Sam Avery (pictured arriving at Bulford Military Court) was found guilty in rape of a female colleague after a night out at Portsmouth and sentenced to five-year imprisonment. He was also fired from the Royal Navy.

Judge Robert Hill incarcerated Avery and said that he had betrayed trust in the woman who had allowed him to sleep in her bed.

Judge Hill stated: “You and your victim had been contacting each other for some time on a Social Network.

“You had not met before the night of the offence. You were both in Portsmouth, and you returned to. [her base]With her.

“There was a point when both of you and she went into bed. She trusted you. There had been no sexual activity before this.

“She firmly rebuffed your request twice, there was no doubt that she wasn’t up for sex.

“She was drunk and asleep when she started having sex with you.” She trusted you, and you knew she was being trusted.

Avery worked refuelling stealth fighters on aircraft carrier HMS Prince of Wales (pictured)

Avery worked refuelling stealth fighters on aircraft carrier HMS Prince of Wales (pictured)

During the trial the panel was informed that the woman had gone with friends to a pub near Portsmouth, Hampshire to watch a soccer match before returning to her accommodation.

William Peters, the prosecutor, stated that the pair knew each other through social networking but she didn’t know LS Avery because he messaged him using a group account.

During her evening at a pub, she exchanged messages with LS Avery, 207 Squadron RAF Marham (Norfolk), which is a joint RAF-Navy unit for F-35 Lightning stealth fighter.

After bumping into him, he was invited back to her room for drinks and she was happy to let him sleep in the bed of hers, as it was common for sailors, even if they lived far apart, the court heard.

Mr Peters said that he tried twice to touch her intimately, but she rejected his attempts and pushed him off. 

The court heard that she woke up to find out that the accused was having sex. 

The woman, in a video interview with police, stated that she was shocked at the alleged attack and said: “He [touched]I touched my waistline and he grabbed my hand. He stopped.

“And then, about 5 minutes later, he began to do it again. I grabbed him by the hand and said “no, I told you not” and then he stopped.

He was jailed by Bulford Military Court (pictured) after being found guilty of raping his colleague

Bulford Military Court (pictured), sentenced him to prison for raping his colleague.

“I drifted off to bed.” [and]I was awakened by him within me. I asked him “What are you doing? Have you realized what you just did?”

She admitted to the court that she had been having sexual contact with Avery repeatedly despite her telling her to stop. 

In an interview, the woman stated that LSAvery was making pleasure noises as the alleged rape happened.

The court heard that LSAvery’s DNA was found in her.

She stated that LS Avery had messaged her the day following the incident, asking about what had occurred and if she was okay.

She said, “I am traumatized that I woke up to you within me.”

“Are You Sure?” he asked. I replied “yes, I am certain.” He asked me if I was okay. I said, “no, I am no okay after what you did me, you didn’t have consent.”

“He read that message and never responded.”