‘Judge gave alleged rapist husband access to our son’

A woman who was allegedly raped by her husband had to stay in contact with him because a judge directed he be given access to their son, a trial has heard.

The alleged victim said in cross-examination that she obtained a barring order in the district court after the accused raped her in their home while their son slept downstairs.

Padraig Dwyer, defending, put it to the woman that she was not acting like someone who was terrified of their husband. Counsel for the 42-year-old accused asked her why she continued to meet with him.

She said the judge who granted the barring order told her she must facilitate access for her husband to their child. She said she tried to arrange meetings with her husband in public spaces where she felt safer.

The woman agreed that she did not use the word “rape” when applying for the barring order. She said she found it very difficult to use that word at all.

The accused has pleaded not guilty at the Central Criminal Court to rape, assault causing harm, and five counts of threats to kill or cause serious harm between May 24 and August 1, 2014. The jury heard he has pleaded guilty to a count of assaulting his wife with a hammer in August 2014.

Mr Dwyer asked the woman why she continued to have sex with her husband after she had made the decision to separate from him in 2014. She said life was not “black and white”. She said she had sex with him on one occasion because he refused to attend their child’s birthday party unless she slept with him.

Mr Dwyer put it to the woman that she had “ample” opportunity to escape the house on the night of the alleged rape in May 2014. He said she could have made a phone call or gone outside and shouted for help.

“That doesn’t in any way describe my state of mind and how terrified I was,” she replied. “All I could think was, ‘Do what he says, do what he says, you get through tonight.’ I believe if I even reached for the phone downstairs I would have been dead”, she said.

Counsel asked why she continued to live with the accused after an earlier incident where she alleged she arrived home to find him smoking a cigarette after dousing the living room with lighter fluid.

Mr Dwyer suggested it was like “something out of a horror film”.

The woman replied that she should have left earlier but that she was not responsible for her husband’s actions.

The trial continues.