The trial of a man accused of raping his 65-year-old mother on the night of Mother’s Day three years ago has opened at the Central Criminal Court.
The 45-year-old Dublin man has pleaded not guilty to raping the woman at her home between March 2 and 3, 2008.
In opening the case Gerard Clarke SC, prosecuting, told the jury it will hear the accused admitted having sexual intercourse with his mother but that he said it was consensual.
Defence counsel, Giollaíosa Ó Lideadha SC, put it to the victim, now aged 70 and walking with the aid of a stick, that a combination of medication, alcohol and emotional circumstances caused her to become confused and interfered with her thinking.
The woman replied that she didn't think that was possible and that she wouldn't consent to have sex with her son.
She said she lived alone and has a number of health problems. She said on Mother’s Day she had attended a local social event during the day which she left at about 8pm.
The woman said her son had called into the event around 3pm and handed her a card. She said he told her there was nothing in it but he would give her something the following week.
She said there was a four course meal at the event and she drank three “small bottles” of wine. She put a number of other bottles which had been bought for her in her handbag and brought them home.
The woman said when she got home she watched the news and went to bed with a book. She said she was still reading at about 11pm when her son rang the doorbell.
She said he was very persistent and asked her to come downstairs to have a drink with her because it was still Mother’s Day.
She told Mr Clarke her son found some vodka and poured drinks. They were talking and then he put on a CD. She said she thought her son asked her to dance and she did but then sat down again.
She said she thinks she blacked out then because she doesn't know how she ended up on the floor with her son on top of her and having sex with her.
She said: “When I realised what was happening I said leave me alone. I kept saying leave me alone”.
She said afterwards she thought he was going to do it again but she kept saying leave me alone.
She said she wanted him to get out of the house and when he left she was unable to lift herself up off the floor because of problems with her hip and knee.
The woman said she managed to pull herself up the next morning. She said she went upstairs, changed her nightdress and went to bed. She thought this was at about 8.30am.
She said she then fell asleep. She told Mr Clarke that before her son came she had taken sleeping tablets.
She told Mr Ó Lideadha she was taking medication as well as “a strong painkiller.” She said that she was never told the medication she was taking should not be mixed with alcohol and said that it was not on the leaflet.
Mr Ó Lideadha put it to the woman that the combination of alcohol, medication and a “very complicated history between you and (the accused)” caused confusion in her mind.
He said she was kissing her son as they were dancing and continued to do so after he allegedly violated her.
She denied this, saying: “Are you trying to tell me I’m mad. Only a mad woman would do that, or someone very very disturbed”.
The woman said she woke up at about 1pm or 2pm the next day and rang a woman she knew. She asked the woman to come in and her family was contacted. Gardaí came and brought her to the Rotunda Hospital at about 10pm where she was examined by a doctor.
The trial continues before Mr Justice Barry White and a jury of four men and eight women.
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