The trial of two men accused of raping a woman after she blacked out has heard that at one stage the alleged victim said three men were involved.
The complainant, two defendants and others were drinking at a party in a flat in a Co. Leitrim town on a date in 2017.
The complainant has told a jury at the Central Criminal Court she does not remember getting to a bedroom and woke up on the bed to find the first accused raping her. She said she told him to stop but he carried on.
She said she could hear laughter but then blacked out. She said when she came to again the second accused was raping her.
The two Leitrim men have pleaded not guilty to rape at a place in the county. The second accused also denies a charge of oral rape of the woman. The defendants and the complainant are now aged in their 20s and knew each other.
Cross-examining the woman Colm Smyth SC, defending, put it to her that “in fact at one stage, you gave an account that there were three people who had sexually assaulted you”.
The woman replied: “Correct. I could hear them talking in the room”.
She agreed that she told a nurse at the Sexual Assault Treatment Unit (SATU) in Mullingar hospital that “you remembered one person, then another, then another” and that she described them as “three male friends”.
Mr Smyth put it to her that that this account was not true and she replied “I know that's not true”. She agreed she named a person “to the authorities” and agreed that “he didn't do anything to you”.
He put it to her that she could have left the flat at any time or shouted for help. She said she did shout and counsel put it to her that nobody at the party heard her shouting.
Under re-examination she told Eilis Brennan SC, prosecuting, that she heard male voices saying “you fucked her too so you can get her out”.
She agreed that she said she thought there might have been another person but she wasn't sure.
“You said you didn’t know who it was but you hoped it wasn’t this other person [named],” counsel said. The witness agreed.
A SATU nurse who examined the complainant told the trial that she carried out a medical examination of the complainant around 24 hours after she had left the flat.
She agreed with defence counsel that the woman gave an account of vaginal and oral penetration carried out by three known men.
She said that she found injuries and bruising inside the genital area. She said there is a higher probability that sexual activity was non-consensual where there are genital injuries.
The nurse said that the presence of such injuries are also consistent with consensual sex. Counsel put it to her “if there's consensual rough sex these injuries may occur” and she replied “it's possible”.
The trial, which began last week, continues before Justice Eileen Creedon and a jury.