Down syndrome woman ‘lacked capacity to consent to intercourse’

A woman with Down syndrome who was allegedly raped in Dublin two years ago did not have the capacity to consent to sexual intercourse, a trial has heard.

A 34-year-old man is accused of luring the woman back to his Dublin house and raping her after she became separated from her mother on the street.

He admits there was some sexual contact with the woman but maintains that it was consensual and that he didn’t know she was mentally impaired.

The man, a foreign national, pleaded not guilty at the Central Criminal Court to rape, sexual assault, and having sex with a mentally impaired person at his home on June 12, 2013.

The trial has heard that it is an offence to have sex with a person with a mental impairment to the degree that they can not live independently or protect themselves from serious exploitation.

Yesterday, Fergal Rooney, a psychologist specialising in disability and sexual issues, said that he assessed the woman and judged her as not having the capacity to consent to sexual intercourse.

He told Caroline Biggs, prosecuting, that the woman had a trusting perspective of others because life had not taught her to be cautious or suspicious of others.

He said it was unlikely she would question or doubt the instructions of strangers and that she would not be able to advocate for her own needs or protect herself against serious exploitation. He also said she did not have the capacity to live independently.

Mr Rooney said she had a significant deficit in knowledge towards a wide range of sexual issues. He said she had a naïve and romanticised view of sex which indicated a lack of insight.

He agreed with Padraig Dwyer, defending, that people with intellectual disabilities had sexual desires like everyone else and that they had a right to express those desires.

The trial continues on Monday.