Friday 18 October 2019

Woman raped by teen (15) after beating by another woman for refusing to have sex with him, court told

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Stock picture

Ralph Riegel

A YOUNG woman claimed she was raped by a 15 year old teen after she was badly beaten by another female for refusing to have sex with him in a B&B during a St Patrick's Day outing.

The 19 year old woman said the teen removed her clothing and raped her on the floor of a Kerry B&B.

The 15 year old has denied charges of rape and attempted anal rape before a Central Criminal Court trial in Cork.

Opening statements were made in the trial before Mr Justice Paul McDermott and a jury of seven women and five men.

The defendant - who was 15 at the time - has denied both charges which relate to alleged events at an address in Killarney on St Patrick's Day in 2017.

He has maintained that while intercourse did take place between the two that evening, it was entirely consensual with the young woman having accompanied him back to his B&B.

The complainant was 19 years old at the time while the defendant was just 15.

Alice Fawsitt SC, for the State, said both were visiting Killarney from outside Kerry to celebrate St Patrick's Day.

The young woman travelled to Killarney with two female friends after getting her hair and make-up done.

All three young women booked into a B&B, consumed some vodka and whiskey before heading into town where they visited first a pub and then a nightclub.

Ms Fawsitt said the complainant met the defendant in the nightclub.

She went into a smoking area with him and twice rebuffed his attempts to kiss her.

However, she became separated from her friends and eventually went back to a different Killarney B&B where the defendant had booked a room.

Over the course of the evening, a total of seven people arrived at the B&B including the defendant and complainant.

Ms Fawsitt said during the evening a confrontation erupted between the complainant and one of the other young women.

"Two causes have been given for this....(the complainant said) it was because she would not have sex with (the defendant). This was why she was assaulted."

However, Ms Fawsitt said the other explanation was that the complainant was in a bed which she had not paid for in the B&B and then refused to leave the bed, giving "cheek" to the young woman whose bed it was.

Ms Fawsitt said the complainant suffered an assault in which she sustained a bad bite mark as well as injuries to her face and arms.

"She will say that after the beating she was lying on the floor between the two beds," Ms Fawsitt said.

It will be claimed that the defendant then approached the young woman, unzipped her trouser suit from behind, pulled down her pants and her thong and then attempted to have anal sex with the young woman.

The complainant will say that the bedroom door was locked at this point.

Having failed to have anal sex with her, the young woman will say the defendant then had vaginal intercourse with her.

Ms Fawsitt said the jury will hear that, after sex, the complainant will say the defendant stood up and "smirked" before getting into one of the beds.

The young woman will say she got dressed, found the bedroom door to now be unlocked and immediately left the room.

She got a taxi back to her own B&B and, because she was in a very distressed state, her friends alerted the Gardaí.

The trial heard that the young woman was eventually taken to the sexual assault assessment unit in the South Infirmary Victoria University Hospital (SIVUH) in Cork.

Semen was found in the young woman's vagina.

Ms Fawsitt said a subsequent DNA test matched it to the defendant.

The defendant had voluntarily given a DNA sample to Gardaí.

The jury was told the defendant will maintain that the sexual intercourse that evening was entirely consensual.

It is expected the trial will last for three days.

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