Man raped while asleep, court hears

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.

More on this topic

Dance teacher who fractured elbow on 'White Knuckle' ride must pay all costs of failed case

John Worboys faces life in jail after admitting four more sex attacks

Speedboat death: Jack Shepherd loses appeal against manslaughter conviction

Man accused of taking €20k for building work he didn’t do

More in this Section

70% of people in UK believe gay couples should be able to marry in NI

Major flaw in laws prohibiting resale of NAMA properties to developers revealed

Technical group established to look at Brexit backstop alternatives

GRA: Armed units not a long term solution in Longford


The history of eyelashes: The tiny hairs that hold huge sway in the beauty industry

Painting found in attic could fetch €150 million

Life in a vacuum: Your guide to choosing vacuum cleaners

Bright ideas: How to wear the summer tailoring trend

More From The Irish Examiner