Woman did not make up rape allegations, court hears

A Dublin woman who claims her uncle raped her denied in the Central Criminal Court that she told her aunt she had made up the allegations.

The alleged victim told defence counsel, Mr Niall Durnin SC, she withdrew the allegations because her aunt, the accused man's wife, had told her she would be on her own with no support from her family if she went ahead.

Her aunt also told her mother that she (complainant) had said to her she made up the allegations but the girl had not said that at any time to her aunt.

The jury also heard a garda agree she kept the rape investigation file open despite the teenage girl and her mother saying she was withdrawing her complaints.

Garda Brenda Hyland-Byrne agreed with Mr Durnin (with Ms Iseult O'Malley BL) she kept the file open despite the withdrawal and the accused was arrested in 1991.

Garda Hyland-Byrne agreed with Mr Durnin the notes of interview with him had been lost since then and were still missing despite strenuous efforts to find them.

It was day-three of the trial of a 41-year-old man who has pleaded not guilty to eleven counts of rape and five counts of unlawful carnal knowledge of his niece on dates between January and October 1990 when she was aged 14 and 15.

She told Mr Durnin, in cross-examination, she had a close relationship with her aunt as she had been living in her home. She agreed she was protective of her aunt and did not like to see the accused man beat her.

She said after she had made the complaint her aunt came to her house, took her to a bedroom and told her she would be on her own if she continued with the complaints.

The now 27-year-old alleged victim earlier told the jury she was raped on numerous occasions by her uncle while she was living in his house.

She said in reply to prosecuting counsel, Mr Micheal Counihan SC (with Ms Orla Crowe BL) her uncle would come into the bedroom at nighttime between 1and 3 am.

He would take off her clothes and his underpants and hold down her arms with his hand. He would cover her mouth with his other hand and then have sexual intercourse with her. When he was finished, he would fondle her breasts and genital area.

She said it was always very painful when he had sexual intercourse with her, "like something was cutting inside me" and that she never consented to what was happening.

The woman said she was terrified of the man as he had told her he would kill her if she ever let anyone know what happened. This was the only thing he ever said to her about what he had done and would just walk out of the room after he was finished.

The trial continues before Mr Justice John Quirke.