Accused ‘struck woman but did not rape her’

The man accused of raping his partner at his home in Cork might be a despicable person for striking her but he did not rape her, his lawyer claimed in his closing speech at the trial yesterday.

The accused, aged 49, also gave evidence yesterday. “I am nearly 50 years of age, I have had girlfriends, I never had to force any woman into sex. You get the list of them up here, get on to them all and see what complaint is there,” he said.

The defendant denied a charge of raping her at his home in Cork on May 9, 2012. He admitted a charge of assault causing harm to her on the same date.

Alice Fawsett, prosecuting, told the jury at the Central Criminal Court in Cork: “You are not here to judge lifestyles… we are here to decide whether or not this offence happened.”

Tom Creed, defending, said: “This is a sad case, a case in which two people live strange lives perhaps to you and me. His lifestyle may not seem very attractive, it might seem very unsavoury. You might feel [the complainant] is a pity and her lifestyle unattractive, but you must put that aside.

“He has pleaded guilty to assault and for that, he will be justly punished. By any standards, it was a vicious assault but that is not what you are here to try. You may consider him a despicable individual for striking her. You have to consider if he is guilty of rape.”

The couple met in Cork on March 2012. The disputed rape occurred at the man’s house in May 2012.

The accused yesterday said the sex was consensual and not rape, adding: “She did not put up much resistance, she was quiet and obliging.”

“Did she put up any resistance?” Ms Fawsett asked. He replied: “No.”

Mr Justice Paul Carney addressed the jury and they commenced their deliberations on the single charge of rape. They will resume their deliberations today.