Monday 12 November 2018

Woman who alleges she was raped after Jason Derulo concert text her boyfriend to say she was 'bruised'

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

Aoife Nic Ardghail

A jury has heard evidence that a woman alleging she was raped after a Jason Derulo concert texted her boyfriend to pick her up because she was “bruised” and had “no-one” after the incident.

Under cross examination, Detective Sergeant Jason Lynch agreed that the woman sent a message to her boyfriend around 3:50am after the alleged rape saying, “I'm bruised and I have no-one. They brought me to their bus and raped me.”

Det Sgt Lynch agreed with Sean Guerin SC, defending, that the woman sent a subsequent text message to her boyfriend saying, “sorry I text you, there was five of them.”

The 35-year-old accused man who can't be named for legal reasons, has pleaded not guilty at the Central Criminal Court to rape, oral rape, sexual assault and false imprisonment of the then 19-year-old woman at an unknown location in Cork city on June 27, 2014.

Det Sgt Lynch told Tim O'Leary SC, prosecuting, that he forensically examined the complainant's phone with particular focus on material on the date in question.

The jury was handed a print-out copy of text messages and times of phone calls sent and received on this phone.

Det Sgt Lynch agreed that the complainant sent a message to her boyfriend asking him to call her, texting, “I need your support.”

The detective further agreed the woman received a message at about 11am on June 27 from a cousin with whom she had been in contact, saying, “OMG it's all over the radio.”

He agreed the woman responded by confirming she was at a garda station and asking the cousin to say nothing to her family.

Earlier, a forensic scientist told Mr O'Leary that she found no semen on samples taken from the complainant's body, or on her clothing.

Doctor Charlotte Murphy agreed with Mr Guerin that the complainant's DNA was not found on any of the six condoms retrieved from the tour bus as part of the investigation.

Mr Guerin put it to her that the complainant told gardaí the man had ejaculated inside her without wearing a condom.

She agreed she would have had a “very high expectation” of finding semen on the complainant's swabs if they had been taken six hours after the alleged rape.

The doctor told Mr Guerin that the resulting lack of semen on the complainant's swabs support that a condom had been worn.  She agreed it was possible to detect saliva from skin swabs.

Another detective gave details of the various swabs and clothing taken from the accused.

He agreed with Mr Guerin that these samples had not been forensically examined, explaining that the lab's instructions were not to test them if sexual intercourse had been admitted by both parties.

The detective said he wasn't aware the accused had suggested taking a skin swab from his neck, an area where he'd said the complainant kissed him.

The prosecution case has closed before Mr Justice Paul Butler and a jury of ten men and two women.

The trial will resume on Monday.

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