Man ‘did not rape woman as she slept’

A Cork man denied raping his friend’s girlfriend in a case where it was alleged he got into a single bed with the couple and began having sexual intercourse with her when she was asleep.

The accused was 19 at the time and the complainant 21 and he pleaded not guilty at the Central Criminal Court sitting in Cork to a charge of raping the young woman by placing his penis in her vagina on May 10, 2016.

Tim O’Leary, prosecuting, said there was bit of boozing going on that weekend and the complainant and her boyfriend ended up in his mother’s house that night.

They chatted with her, had a Chinese takeaway and went to bed — a single bed in a box room. The young man’s friend was also staying in the house that night and he is the man charged with rape. Where exactly he was to sleep is disputed. He said he was to sleep at the end of the bed with the couple and they say he was to sleep downstairs on a couch.

Mr O’Leary said the young woman woke up beside her boyfriend who was asleep and that the accused man was having sexual intercourse with her at around 8am.

The complainant said her boyfriend was on the outside, she was on the inside and that the complainant got into the bed between her and the wall. She said she woke to a pain between her legs and that the accused was having sexual intercourse with her.

She said the accused said he did not do anything, that he was her boyfriend’s best friend and “he wouldn’t do that to him.

“He was telling me to stop crying. I said: ‘Why are you lying? You know what you done to me.’ And he just said: ‘Yah OK, I did, can we just forget about it?’ ”

Siobhán Lankford, defending, said that the defendant was told by the complainant’s boyfriend to sleep at the bottom of the bed that the couple were in. The complainant said: “No, he was not told to sleep upstairs. He was told to sleep on the couch [downstairs].”

Ms Lankford said in cross-examination: “At no stage did he put his penis in you?”

The complainant replied: “Yes he did… I know what I felt. I know what happened to me. No one is going to make this up, like.”

Ms Lankford said: “You are saying that a third person was able to get into this bed — a single bed. It would simply not have been possible?”

The complainant replied: “That just proves he was not meant to be in the bed.”

Ms Lankford said of the accused: “He could not have gotten in.”

The woman replied: “He obviously wormed his way into the bed.”

The woman’s boyfriend said he and his girlfriend did not have sex that night. He said he did not tell anyone to sleep in the single bed with himself and his girlfriend. He said he was shocked and did not know what to do when she told him about the defendant moments after it allegedly happened.

Her boyfriend testified: “She said he was after sticking it in her twice. She was just hysterical, in a bad way. I threw him down the stairs.”

He testified that the defendant said that morning: “Yah, I done it.”

Ms Lankford said the defendant did say that but later said: “I shouldn’t have said it. I was frightened. I was under pressure.”

Mr Justice Michael White will address the jury in the case today.

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