DNA of accused found on woman

The DNA of a man accused of raping a woman with Down syndrome matches DNA taken from semen found on the woman.

Marce Lee-Gorman of Forensic Science Ireland said the likelihood of the DNA belonging to someone other than the accused was one in a million.

The accused has pleaded not guilty at the Central Criminal Court to rape, sexual assault, and having sex with a mentally impaired person on June 12, 2013.

The trial has heard that the woman, who is in her 20s, became separated from her mother while they were out walking. The accused took her back to his home, where the alleged rape took place.

Another forensics expert, Bridget Fleming, testified that fibres on the woman’s clothes were an extremely strong match for fibres from the man’s bedclothes.

Semen was found in the woman’s vagina and on her genitals and underwear by forensic clinical examiner Aideen Walsh hours after the alleged attack.

Ms Walsh told Caroline Biggs, prosecuting, that a small laceration consistent with recent intercourse was found on the woman’s vagina. The woman told her she had never had sex before that day. Ms Walsh agreed with Padraic Dwyer, defending, that the presence of a laceration was not evidence that sex was not consensual.

Last Friday, the trial heard transcripts of three Garda interviews in which the man denied meeting or having sex with her. The accused now admits there was some sexual contact but maintains it was consensual and that he did not know she was mentally impaired.

Lorcan Staines, prosecuting, read out the transcript of a fourth interview which took place shortly after the woman failed to identify the man in an identity parade.

Garda Neil Fogarty asked whether the man understood the term consent or thought the woman would be in a position to grant it. He replied: “I can’t say anything about anybody.”

Garda Fogarty asked him what he would say “when your DNA turns up”. He replied: “When they come, then we’ll see, what they come up.” Garda Fogarty asked again: “How can you say then it wasn’t you?” The transcript recorded the man shrugged.

Mr Dwyer asked Gda Fogarty if he had been aware some women had come forward to say that a man matching the accused’s description had approached them in the street and asked for sex. Garda Fogarty replied that he was not.

The trial continues.