The woman who said she was raped by a 15-year-old in a room at a Kerry B&B testified that other people in the room assaulted her after she pushed the defendant away saying she did not want to get into bed with him.
The defendant who is now aged 18 pleaded not guilty to the single count of raping the woman who was aged around 20 at the time of the disputed incident.
The particulars of the charge state that on March 18, 2017 at a location in Kerry, he had sexual intercourse with a woman who did not consent to it and he knew she did not consent or was reckless as to whether or not she consented.
Alice Fawsitt senior counsel told the jury at the outset that they would hear about offences committed by others but that the only issue for them was whether the young woman consented to sexual intercourse with the defendant.
Defence senior counsel Colman Cody put it to Detective Garda Chris Manton that three people faced prosecution in another court for allegedly assaulting the young woman that night. The detective confirmed this.
Mr Cody SC said that in her direct evidence the young woman alleged that one named woman and two named men had assaulted her in the room that night. The detective agreed.
In her direct evidence she said the defendant was pressurising her to kiss him and she did. She agreed to go back to his B&B when he told her there would be other girls there.
She arrived at the B&B with the defendant and one girl. The girl gave her a vodka and orange in the room, the only drink she had in the room.
“The others came back after 10 minutes. They came in. They locked the door behind them and scattered themselves all over the room really,” she said.
She said the defendant had taken off his pants and gotten into bed shortly before the others returned. She said others who arrived were sniggering a bit and she felt they were talking about her.
One of the men wanted to know if the defendant was going to ‘get her’. She said she did not know what he meant by that but she did not like the way it was said.
She said the defendant wanted her to get into the single bed with him.
She said of one of the other named men: “He felt offended because I did not want to get into bed. I pushed (defendant) away. That was when (the other man) hit me. (A named woman) said, ‘is my cousin not good enough for you?’ She makes a grab for me. She bit my arm, kicking me, tearing me by my hair.
“I wanted to go to the toilet. (Another named man) kicked me to the stomach so I could not go to the toilet.” She said the woman who bit her followed her around the room at that stage to get at her again.
“It calmed down because I couldn’t get up off the floor. They were still drinking and listening to music. (Defendant) was after sliding down beside me on the floor,” the complainant said.
She described what she was wearing and said that he unzipped her pants. She said she wanted to move her body but did not move because she was in a lot of pain at that time from the assault by others.
“He came behind me and opened my pants. He was dragging down my pants. He took down my underwear as well,” she testified.
Prosecution senior counsel Alice Fawsitt said it was not disputed by the defence that he put his penis into her vagina. The complainant responded: “Yeah but without my permission. I said stop and he put his hand over my mouth and then he done that. There was something said but I can’t remember what it was.”
The complainant will be cross-examined by Mr Cody SC tomorrow in the case being heard by Mr Justice Paul McDermott and a jury of seven men and five women at the Central Criminal Court sitting in Cork.