A teenager on trial for raping a woman in Killarney after St Patrick’s Day celebrations claimed the complainant was moaning with pleasure. However, the complainant testified today that the sound she made was a cry for help.
Colman Cody, defending, quoted the words of the defendant’s interview with gardaí, in which the accused claimed: “She got her groove on, she was mad for it.”
He also referred to the complainant moaning with pleasure.
The woman replied to the cross-examination: “I wonder does [name of accused] recollect sliding down from his bed and putting himself beside me and putting his hands over my mouth. Moaning? That was crying for help that I never got.”
She described in detail what she said occurred between them as she lay on the floor of the room and concluded with the comment: “That is not sex, that is rape.”
Mr Cody said: “At no time did he have his hand over your mouth.”
The complainant replied: “That is incorrect. He never had consensual sex with me.”
The defendant pleaded not guilty to charges of rape and attempted anal rape at the Central Criminal Court in Cork.
He is now 17 and denies both charges, which relate to alleged events at an address in Killarney on St Patrick’s Day in 2017.
The defendant and complainant met when socialising in Killarney. She denied asking him to come back to her B&B and said she agreed to go back to his B&B with another girl when told others would be there.
Mr Cody quoted another section from the defendant’s replies to garda questions. He said that she started kissing him and he kissed her back, that she pulled her pants down.
“She reversed herself into me and said put it into me,” he said. “I did it and she was happy with it. I had sex with her. She wanted it. It was her will as well.”
She replied that these allegations were totally incorrect.
Mr Cody said the defence was that the defendant and the complainant had sex in the bedroom when others were also present, that a man told her to get out of the bed afterwards, and that there was a row about this which led to her being assaulted by another woman and also struck by a man.
Mr Cody said the complainant and defendant had consensual sex again after this assault.
The complainant said she was assaulted by the woman and struck by the man and that all of this happened first and then she was raped by the defendant.
She said the reason the woman assaulted her was because “she got upset and angry because I would not get into bed with [defendant].”
Mr Cody said: “He had sex with you before the assault [by the woman] and he had sex with you after the assault.”
The complainant said: “He never had sex with me. The assault [by the woman] happened first and then the rape [by defendant].”
“What was your intention going back to the B&B?” Mr Cody asked.
“To enjoy myself,” she replied.
“Can I suggest your intention was to have sex with him?” Mr Cody said.
She replied: “I was 19. As far as I was concerned it was a house party. I did not consent to have sex.”
The case before Mr Justice Paul McDermott and a jury of seven women and five men goes into its third day on Monday.