Corporal Anne-Marie Ellement 'extremely drunk' when raped by colleagues - court


Two corporals raped an "extremely drunk" colleague who was later found almost naked and crying at her barracks, a court heard.

Thomas Fulton, 28, and Jeremy Jones, also 28, are accused of raping army corporal Anne-Marie Ellement in the early hours of November 20 2009.

The men, who have since left the Army, admit they both had sex with Cpl Ellement but claim she consented to what happened.

Bulford Court Martial Centre in Wiltshire heard that Cpl Ellement, from Bournemouth, Dorset, died two years after alleging that she had been raped.

A panel of civil servants and senior military officers heard Cpl Ellement, Fulton and Jones had been drinking in the mess before the incident.

Prosecuting, Sarah Whitehouse QC said Cpl Ellement, who served with the Royal Military Police, "cannot and will not" attend court.

Ms Whitehouse told the panel that the circumstances of Cpl Ellement's death in 2011 were "not relevant" to their task.

Fulton and Jones each deny two counts of raping Cpl Ellement at the barracks where they were stationed in Germany in November 2009.

In a lengthy video interview played to the court, Cpl Ellement insisted she would have consented to sex with either of the men.

"I know that it's a really serious thing and the outcome affects what happens in their lives and careers," she said.

"I don't want to get someone accused of something they hadn't done but I know that I didn't want to have sex."

Cpl Ellement, dressed in a brown cardigan and jeans, headed to the mess at about 10pm on November 19 2009 after drinking two bottles of beer in her quarters.

Fulton - the boyfriend of Cpl Ellement's friend Cpl Sarah Noteyoung - and Jones were at the bar along with two others when she arrived.

She later recounted drinking a total of eight drinks there, including shots and a Red Bull cocktail with vodka.

Ms Whitehouse told the panel Cpl Ellement, Jones and Fulton - wearing their uniforms - were seen flirting and kissing at the bar.

Fulton and Jones were heard discussing a threesome, which Fulton later suggested to Cpl Ellement, it is alleged.

Cpl Ellement, then 28, said she told him she found the idea of a threesome "disgusting" and she would never have one.

The three colleagues went upstairs to Jones's room at about 12.30am so he could get changed to go out to another bar, she added.

"The next thing I can remember is that Tom was on top of me and I was like 'no, it is really hurting'," she said.

"The last thing I remember is Jez grabbing my breasts. Then I have a massive memory block and I can't remember anything.

"I can't remember how I got back to my accommodation."

She insisted she would never willingly have sex with Fulton as Cpl Noteyoung - who was attending a funeral in England - was one of her best friends.

"I was saying 'no it really hurts, it really really hurts, stop'," she said.

"I know for a fact that I would never have done anything with Tom because of Sarah and because I don't like him like that."

The court heard Cpl Ellement's colleague Cpl Charlene Pritchard found her almost naked outside her accommodation at 1.37am.

Ms Whitehouse said: "This young woman was entirely naked apart from a long cardigan that she was carrying.

"She appeared to be extremely drunk. She was struggling to keep her balance. Her feet were muddy and she was crying."

Another colleague, Cpl Kelly Broadhurts, came to help Cpl Ellement and heard her say "I didn't want it. He tried to have sex with me".

"She said he had sex with her and she said 'stop' but he carried on for 10 minutes," Ms Whitehouse said.

Fulton and Jones were arrested and interviewed hours after the incident, following a complaint made by Cpl Ellement.

Fulton declined to comment, while Jones insisted both men had consensual sex with the alleged victim.

He described them all as "giggling and being silly" throughout. Cpl Ellement, in her video interview, had no recollection of sex with Jones.

Ex-corporals Fulton, formerly of 174 Provost Company 3 Royal Military Police, and Jones, 28, formerly of Close Protection Unit Royal Military Police Operations Wing, each deny two charges of rape.

The trial, in front of Judge Jeff Blackett, is expected to last between two and three weeks.