Friday 28 October 2016

Man who stood by during alleged rape 'as much a perpetrator as if he had physically penetrated her himself' - trial told

Declan Conlon

Published 04/06/2015 | 21:20

A man who stood by as a woman was allegedly raped was 'as much a perpetrator as if he had physically penetrated her himself', it was claimed today in court.

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Opening the state's case, Pauline Walley SC, prosecuting, said the victim was allegedly physically raped by one of the men in their hotel room while the other one watched and refused to help her, telling her "shut up, just let him do it".

The two men are on trial over the alleged rape of the woman in a Dublin city centre hotel.

The woman said she had accompanied the men to the hotel to help them get a room because they are members of the travelling community and may have been refused, said Ms Walley.

She said that the woman met her female friend, who knew both the accused, earlier that day. They encountered the accused when they visited a  bar on Parnell Street and began socialising with them. The alleged victim was drinking heavily and taking cocaine.

The alleged victim's friend went home. Counsel said the victim was asked by her friend to help the two men, so she went with them to Jurys Hotel at Christchurch, where they were refused entry. 

They then went to Kinlay House Hostel on Dame Street, where they were referred to George Frederic Handel Hotel on Fishamble Street, Dublin 2.

The victim went up to the hotel room with the men so as not to arouse suspicion, said Ms Walley, but when she then tried to leave she was grabbed by one of the men, pushed on to the bed and raped.

Ms Walley said that the woman had kissed and cuddled the man earlier in the night, but that did not amount to consenting to sexual intercourse.

When the woman tried to leave again, the other accused grabbed her and told her “if you ever tell anyone I’ll throw you out the window” and that they knew where she lived, said Ms Walley. The woman left the hotel at 2.30 am.

Counsel said the accused told gardaí the alleged victim consented to sexual intercourse, and they also accused her of stealing a jacket.

Gardaí found bedclothes and towels from the hotel room and a jacket belonging to one of the men on the balcony of the hotel room directly below where the rape allegedly took place.

Ms Walley said that forensic evidence would show that the DNA of the accused alleged to have physically raped the woman was found on the towel.

The trial continues before Ms Justice Margaret Heneghan and a jury of four women and eight men at the Central Criminal Court.

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