Rape accused denies oral sex claim
The accused man did not give evidence in his trial at the Central Criminal Court in Cork. However, evidence was presented to Mr Justice Paul Carney and a jury of five women and seven men, of the defendant’s interviews with gardaí when questioned.
He was 21 at the time of the alleged incident and she was 13.
She was 15 when she made a complaint to the gardaí and he was interviewed shortly after this complaint.
Questioned in detail about getting a “blow-job”, the accused man replied: “No, I have a problem down there that only my mother and my doctor know about.”
In a second interview he said: “I have a private problem. I have never had a blow-job. I have only one testicle. That has never happened with any one of my girlfriends.”
The accused said he never got a “blow-job” before because he did not trust anyone enough in relation to the fact that he had only one testicle.
The accused, who is now 25, denied all of the sexual allegations, including the oral rape and rape by sexual intercourse.
He said that on the day in May 2008 he was in the bathroom getting sick when the 13-year-old came in after him. He said he was self-conscious about his weight and had pushed his fingers down his throat to force himself to vomit. He said others were drunk but he was not as he had only two bottles of Budweiser.
The accused said that another man pushed his way into the bathroom and said: “What the f*** is going on here?”
The complainant said she has been alone in the bathroom and that the defendant forced his way in to her and carried out the sexual crime.
Marjorie Farrelly, senior counsel for the prosecution, closed the State case yesterday.
Both she and defence senior counsel, Tom Creed, then addressed the jury.
The case continues today.