Damola Olateju 38

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A dad filmed himself trying to rape a woman as she pleaded "no" and "get off me".

Damola Olateju, 37, may have got away with the shocking attack had detectives not extracted the damning video from his mobile phone. Liverpool Crown Court heard the next day the woman found bruises and feared she had been raped, but was worried about coming forward because her memory was hazy.

However a man who had been at the party contacted her with concerns about what he saw in the run up to the incident, which gave her the confidence to call the police. 

Fiona McNeill, prosecuting, told the court the woman had been out with friends in Warrington Town Centre in December 2020. The group were drinking near the White Hart pub until around 11pm, when the court heard her memory became "blurry".

Ms McNeill said: "[The victim] recalls being at the Postern Gate part of Warrington trying to get a taxi. She remembers her and her friends being approached by some men."

She added: "The next she can remember is being in a flat. She recalls being in the kitchen of the flat and drinking something."

The court heard there was a gathering at the flat and the victim had some memories of speaking to a woman in a bathroom and sitting on a couch, then being in a bed. Ms McNeill told the court: "She could tell there was someone else in the bed. She recalls that person, as she put it, was ‘mithering’ her and touching her.

"She remembers feeling cold and trying to cover herself with the quilt and saying that she was cold. She remembers saying ‘no’ and ‘I'm cold’. That is the last [the complainant] remembers from that night."

The court heard the woman woke in the morning alone in a bedroom, with her underwear missing but her boots still on, and went looking for her phone and bag. She realised as she searched for her phone that there was an empty condom wrapper in the room.

Ms McNeill said she found her phone and bag but the battery was dead, and she realised the door of the flat was locked. The victim shook Olateju awake and asked him to let her out, but initially he demanded to know where his phone was and wanted to search her bag.

Ms McNeill said: "The prosecution say we can only surmise the defendant was aware of what was on the phone and wanted to retain it."

The woman pointed out his phone after spotting it in the flat and was eventually able to leave and go home. The following night she realised she had bruises and injuries to her legs and buttocks, and began to fear she had been raped.

However it wasn't until the man who had also been at the gathering contacted her on Snapchat asking if she was ok, and expressing concerns about Olateju's behaviour, that she felt there was enough evidence to come forward.

Olateju was traced and arrested, and a deleted video file was recovered from his phone. Ms McNeill said: "The video showed evidence of what was said in the bedroom. "[The victim] can be heard saying 'no' and 'get off me' and that she is cold.

"The defendant can be seen trying to part her legs. He can be heard to say 'shut the f*** up' and then strikes her twice, in a slap to the face. She is heard saying 'ow'."

The court heard Olateju claimed he had engaged in consensual sex with the woman and had slapped her because he believed she enjoyed rough sex, but had given up trying to have sex with her on the last occasion and gone to another bedroom.

Olateju, of Padgate Lane in Warrington, was later charged with two counts of rape and one of attempted rape which he denied. He stool trial at Liverpool Crown Court, where a jury cleared him of the rapes but found him guilty of the attempted rape charge, which related to the events in the video.

Summing up a statement from the victim, Ms McNeill said she had been left with anxiety and feelings of hopelessness, and found it difficult to trust people.

Justin Hugheston-Roberts, defending, said his client was a father and also a carer for an autistic man, both of whom would suffer due to the inevitable prison sentence.

Mr Hugheston-Roberts said: "All of these things he should have thought about before that fateful morning. The jury saw the recording of the woman who said no, this defendant should have heeded that but heed it he didn't and they convicted him of the attempted rape.

"Today he has to pay the consequences. But there is a different side to this man other than the man who tried to force himself on a woman in the early hours of the morning."

Judge Stuart Driver, KC, passing sentence, said he was not persuaded that there was evidence Olateju had "plied" the defendant with alcohol, but said the video was an aggravating feature of the case.

Olateju, who appeared in court vid video-link from prison, hung his head as he was jailed for five years and ordered to sign the sex offender' register for life. The court heard he must serve at least two thirds of that sentence in custody before he can apply for parole.

Speaking after the hearing, Detective Constable Rob Catterall, of Cheshire Police, said: "I would like to praise the courage of the victim in this case for coming forward and it is because of her that we have got the result we have today.

"We will do all we can to listen to victims of sexual offences and I hope that this sentence proves that we will follow every avenue open to us in order to bring perpetrators to justice. I hope that this sentence will bring comfort to the victim knowing that Olateju will be behind bars for his actions."