David Dayman – Thiring Terrace, Uppingham, Rutland

​Man threatened to smother woman with a cushion as he raped her.

A man raped a woman he knew after calling at her home to return a borrowed top, threatening to smother her with a cushion if she screamed.

David Dayman (43) claimed the sex was consensual, saying the woman was attracted to him, had flirted with him and had “ripped” her own shirt off in passion when he visited her home.

But his account of what happened was swiftly rejected by the jury, which took less than an hour to find him guilty.

He was jailed for eight years.

The victim, a 30-year-old mother, said afterwards she was angry Dayman had forced her to relive in court what happened by not pleading guilty.

Of the verdict, she said: “Justice has now been done.

“He’s left a trail of destruction, not just for my family and friends, but he’s a family man too.

“I’m shocked by what he did to me – it was the worst violation you can do to anybody; disgusting, vile.

“Until this happened, I’d thought he was a really nice bloke who cared about his own partner.”

Dayman, of Thiring Terrace, Uppingham, Rutland, denied committing the rape, on the afternoon of his birthday, December 27, in 2015.

He called at her home, in Oakham, as a favour for a friend by returning a garment of clothing the victim had loaned the friend.

James Varley, prosecuting, said she invited him in for a coffee but after an hour, when she was in the kitchen, Dayman “lunged” at her for a kiss.

He said: “She was a bit angry and pushed him off.

“He took a cup she was holding out of her hand and smashed it on the floor.

“He followed her into the lounge, where she was hoping he would collect his coat and leave, using his weight to throw her on the sofa.”

The court was told the woman’s boyfriend had left for work two hours earlier.

Mr Varley said: “The defendant’s account was, everything was lovely, she’d been flirting and came on to him.

“We say he pinned her down on her back and twice put a cushion onto her face, saying, ‘If you scream, I’ll smother you’.

“She was struggling and kicked the coffee table over.

“We say he ripped her shirt off her.

“He says, in the passion she ripped it herself.

“There’s a big tear in it and two buttons came off.”

Giving evidence, the woman told the jury she had tried to fight Dayman off.

She said: “I said stop. I couldn’t have made it more clear that I wasn’t happy, but he just carried on anyway.

“He grabbed a cushion and held it over my face and said, ‘If you scream, I’ll smother you’.

“He started trying to kiss me again and he grabbed my shirt and ripped it. He pulled my trousers off.”

Afterwards, Dayman asked her if she was okay, got dressed and left.

Sobbing and traumatised, the victim phoned a neighbour and then the police.

Her partner came home and made a statement saying he had never previously seen her so distressed.

Having forced himself upon the victim without a condom, Dayman returned home and immediately put his clothes in the washing machine.

Giving evidence, he told the jury the victim had exchanged flirty text messages in the days before his visit, despite the fact he had recently become engaged.

The victim said no flirting ever occurred, she very much loved her partner and Dayman was telling lies.

He denied smashing the mug or forcing himself upon her, saying she “ripped” her own shirt open and took off her jeans.

Mr Varley, cross-examining Dayman asked: “Why is this woman saying you raped her when, on your account, you’ve just had a good time?”

Dayman made no reply.

Sentencing Dayman, the judge said the victim had been threatened on Facebook, not by the defendant, and warned such action was “not wise”.

Here are the judge’s full comments.



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