Wednesday 20 November 2019

Woman allegedly raped by husband tells court she 'could never get over what happened'

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

Fiona Ferguson

A woman who alleges her husband raped her on Christmas Day 2003 has told a jury that he attempted to reconcile with her afterwards but she could not get over what had happened.

The Central Criminal Court  was told that “everything completely changed” and she could not trust her husband. The accused man later left the family home and the couple legally separated.

The man, who cannot be named for legal reasons, has pleaded not guilty to two counts of rape, one count of oral rape and one count of anal rape of the woman on December 25, 2003.

The woman told John O'Kelly SC, prosecuting, that she, her ex-husband, and their children had visited family members and had Christmas dinner at a relatives before they returned to their own home at about 5.30 to 6pm.

She said that over the course of the day she had two and a half glasses of wine. She said at home she had another glass of wine and her husband, who had been driving earlier in the day, had a beer.

She said it had been a “long and emotional day” due to circumstances within her own family. She said the children played with their toys and her husband put them to bed at about 8 to 8.30pm.

The woman said she lay on the couch and was awoken by her husband pulling gently on her shoulder to turn her around. He then tried to engage in sexual activity.

She told him no but he tried again, telling her it was OK, and she repeated: “No.”

She said he then got on top of her and raped her while she repeatedly said no.

She said it was very painful and did not last very long. The woman said he seemed to back off a little and she was able to push him off and get up.

She went to bed and her husband came up about half an hour later. She had her back to him as she could not look at him and nothing else happened that night.

The witness told Mr O'Kelly that the following day she asked her husband “Why?” She said he replied “I don't know.”

She said that over the next few days there was little communication between them but agreed with Mr O'Kelly they tried to “keep things normal”. She said that on a night out over New Years, one of her friends had approached her and said she did not “look right.”

She said she told her friend that the accused man had raped her.

The woman said in January she and her children had slept in the “marital room” while her husband slept elsewhere in the house. She told the jury: “I couldn't even look at him.”

She said her husband attempted to reconcile with her a number of time but she could not get over what had happened. She said he was “very depressed.”

The witness said her husband eventually left the family home and they legally separated a number of years later. She said he continued to see the children.

The trial continues before Mr Justice Patrick McCarthy and a jury of four men and eight women.

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