A man aged around 60 was raped by a man half his age when he was sleeping in a doorway on the street in Cork City, it was alleged yesterday to a judge and jury at the Central Criminal Court sitting in Cork.
The accused man was arraigned on two charges and pleaded not guilty to both counts. He denied raping and sexually assaulting the complainant on May 30, 2017.
Tim O’Leary, prosecution senior counsel, said the disputed rape allegedly involved the penetration of the complainant’s anus with the defendant’s penis and that the alleged sexual assault related to the defendant touching his penis with his hand. The case opened yesterday before Ms Justice Eileen Creedon and a jury.
Mr O’Leary SC said the complainant went to sleep on the night.
“He may or may not tell you this penetration occurred while he was asleep or waking up or unaware of what was happening. The second count is of sexual assault. It is alleged he touched his penis with his hand,” he said.
Mr O’Leary said there would be CCTV evidence which the jury could consider in the course of the case. The prosecution senior counsel said it would be alleged that one of the gardaí arriving at the scene — having been alerted by two witnesses from a neighbouring building — saw the complainant’s underwear pulled down around his knee area.
Mr O’Leary said that on the night the complainant alleged to gardaí that there had been an indecent assault but did not complain until the following day or later of an alleged rape.
At the end of this opening, which Mr O’Leary stressed was an outline and not evidence, he said to the jury, “That gives you a frame of reference for what you might hear in the next couple of days.”
The accused is represented by Tom Creed SC in the trial which continues today.