Tuesday 19 November 2019

Alleged rape victim admits she could have kissed the accused

Sonya McLean

AN alleged rape victim has admitted that she does not know if she kissed the accused because she said there was "huge gaps in my memory".

“I honestly don’t know if I kissed him. All I know is there was a point when I tried to stop him and he did not let me,” the woman told the man’s defence counsel Mary Rose Gearty SC.

The 34 year-old accused has pleaded not guilty at the Central Criminal Court to raping the woman at his Dublin home on July 2, 2011.

He has also denied a charge of raping and sexually assaulting her friend on the same night.

The jury had previously heard that the two women had gone back to the man’s house, having met him outside a nightclub at 3am in the morning, on the understanding that he would give them ecstasy.

The women told the jury that he gave them half a pill each and the three of them later went into his bedroom after the women started to feel tired.

Pauline Walley SC, prosecuting, had told the jury in her opening address that it was the State’s case that the man had given the women a sedative.

The complainant had earlier told Ms Walley that she woke up to find the man lying on top of her having sex with her.

“I made an effort to stop him and I put my hand down to block him but he pinned my hands above my head so I couldn’t do it again,” the complainant said.

When asked by Ms Walley why she had not left at the point, the complainant replied, “I was really drunk, drowsy, half asleep, I felt like I could not move, I could barely speak.”

She said she must have fallen back asleep because the next thing she remembered was her friend shouting “you raped me you bastard”.

She said she found her clothes and underwear and left the house with her friend.

When asked by Ms Walley if she had consented to sex with the accused the woman replied; “I don’t know if I consented but there was a point when I made it very obvious that I did not want to have sex with him, when I went to cover myself.”

“He did not care. He pinned my arms,” the complainant replied.

The woman agreed with Ms Gearty that her claim that the accused continued to have sex with her after she tried to stop him did not appear in her garda statement.

She said she had no recollection of turning towards the accused as she lay beside him on the bed and had no memory of taking her clothes off herself.

She agreed again that she had no recollection of kissing the man.

“I don’t know maybe,” the woman replied.

The trial continues before Mr Justice Barry White and a jury of six men and six women.

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