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Army inclusion officer accused of sexual assault after MoD ball

Dean Nelson - Solent News & Photo Agency
Dean Nelson - Solent News & Photo Agency

An Army inclusion officer "fondled" a younger recruit, a Court-Martial was told.

Warrant Officer Class 2 Dean Nelson, an LGBTQ rep in the British Army diversity and inclusion team, was said to have "taken advantage" of the male soldier when he touched him intimately after a Ministry of Defence Christmas ball.

WO2 Nelson, 33, is accused of sexually assaulting the younger man after the LGBTQ event, leaving him in tears.

At the time, WO2 Nelson, of the Royal Logistics Corps, was a Staff Sergeant stationed at Army headquarters in Andover, Hants but is now at RAF Northolt.

William Peters, prosecuting, told Bulford Military Court, Wiltshire: "[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 said the two argued during the evening and the soldier no longer wanted to share the hotel room.

"[WO2 Nelson] told him he could stay in his room – [the complainant] took him up on this offer."

After getting some crates of beer WO2 Nelson went up to his room with the soldier and a couple of others, but they had left by about 4.30am.

Room on the bed if he wanted

"[The complainant] settled down on the chair and after a while [WO2 Nelson] said there was room on the bed if he wanted somewhere more comfortable," Mr Peters said.

The soldier interpreted this as a 'friendly offer' and got on top of the duvet, but could feel WO2 'shuffling over'.

"[WO2 Nelson] started touching his chest."

Mr Peters said the touching progressed from the victim's chest and abdomen to leg and groin area, eventually reaching the soldier's genitals.

The soldier allegedly removed WO2 Nelson's hand but said the senior soldier "continued to fondle" him despite being told repeatedly to stop.

Mr Peters said WO2 Nelson "accepts he touched his penis but his case is that [the complainant] initiated the activity and put his hand on his penis.

"The prosecution's case is that WO2 Nelson took advantage of the predicament the younger man found himself in, touched him against his wishes and ignored protestations."

Giving evidence, the soldier said he "froze" and was left "disassociating" at certain points during the incident which he estimated lasted up to one-and-a-half hours.

He said WO2 Nelson had originally offered him a place "on my floor or chair".

WO2 Nelson, who had been in mess dress for the event, got into boxer shorts and a T-shirt to sleep.

"[WO2 Nelson] got into the bed under the duvet," the soldier said.

"He says 'there's plenty of room on the bed' – I accepted, on top of the covers.

"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 was quite drunk, I could smell the alcohol on his breath."

The soldier told the court he had three drinks during the night but was "aware of my surroundings and completely sober.

"His left arm was under my pillow and right arm over my T-shirt," he added.

"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: "His hands slowly got down to my groin area, over my trousers, continuously going up.

"I tried to move his hand away to see if he would get the message."

'Seemed a bit more adamant'

The court heard this did prompt WO2 Nelson to roll over to face the wall, but "five or so minutes later" he moved towards the young soldier again.

"He seemed a bit more adamant," the soldier told the trial.

"He carried on caressing my chest and kissing my neck saying 'I really want to kiss you' or 'I really like you'.

"I tried to ignore him and pretend I was asleep.

"My response was 'no, I don't want to do this, I've got a boyfriend'.

"It was not consensual on my end."

Eventually he said he heard WO2 Nelson's heavy breathing, collected his belongings and got the first train home, having telephoned a friend in tears to tell them what had happened.

WO2 Nelson denies sexual assault, claiming the incident was consensual.

The trial continues.