Monday 26 September 2016

Consensual sexual contact with someone 'not a blank cheque' to force sex on them, jury told

Conor Gallagher

Published 24/02/2016 | 17:47

The Criminal Courts of Justice in Dublin
The Criminal Courts of Justice in Dublin

Consensual sexual contact with someone was “not a blank cheque” to force sex on them the jury in a rape trial has been told.

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The trial of the 22-year-old Donegal man has reached its closing stages with the jury hearing speeches from the prosecution and defence counsel.

The accused has pleaded not guilty at the Central Criminal Court to rape of the woman in the alleyway of a Donegal town in July 2012.

The man said he left a nightclub with the then 18 year old girl and they went into an alleyway where he digitally penetrated her. The prosecution alleged he went on to rape her despite her telling him “no, not here.”

In her closing speech Pauline Walley SC, prosecuting, said consensual sexual contact was not a “blank cheque” which allowed a man to have sex with a woman without her consent.

Counsel quoted the late Mr Justice Paul Carney who used to tell juries in rape trials that there was a type of rape of the “I've started so I'll finish variety”. She said Mr Justice Carney used to tell juries that such cases were still rape if the complainant didn't consent.

Defence counsel Shane Costelloe SC said the defence case was the accused had sex with the girl but stopped as soon as she protested. He said he wasn't asking jurors for the benefit of the doubt for his client, but instead asking them to acquit his client based on the evidence.

He also questioned why, if the accused was raping her, did he not finish instead of stopping after a minute.

The jury of seven men and five women will begin deliberations tomorrow following an address from Mr Justice Tony Hunt.

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