Rape accused says he was actually rescuer

A Lithuanian man has denied in evidence that he raped a Russian woman in Waterford and said that after they had consensual sex he rescued her from a sexual assault by another man.

The 22-year-old man has pleaded not guilty at the Central Criminal Court to rape and sexual assault of the 27-year-old woman, making a threat to kill her and assaulting her causing her harm on March 19, 2006, at an apartment in Waterford.

The accused told his defence counsel Mr Jeremy Maher SC (with Mr Robert O'Neill BL) that the victim asked him in her apartment if he wanted to have sex with her and that afterwards when he returned to her apartment from a visit home he found a man in her bedroom sexually assaulting her.

He said he had earlier met up with a Slovak man who told him that the woman was constantly texting and calling him and he did not want to be disturbed by her any more.

He said this man answered a call from her but handed him (the accused) the phone. The accused said he told the woman he had a message for her and she said to come over to her apartment.

He said that when he knocked at her door he was admitted after about a minute by a man who was doing up his zipper and belt as he left.

He told Mr Maher that he went to the bedroom and drank some wine with the alleged victim who was in bed wearing a light tee-shirt. He said he told her that the Slovak man did not want to see her anymore and she became very upset, saying nobody wanted to talk to her.

He said she then asked him if he wanted to have sex with her and they did so. Afterwards she persuaded him to go out to buy wine, giving him her ATM card and PIN number. He returned to the flat shortly after as there were insufficient funds to withdraw any money and gave her back her card.

He said he left shortly after 10pm, telling her he would return in a few hours with some wine.

He told Mr Maher that when he returned to her apartment he came in and saw a half-naked man sitting in a chair in the bedroom, and then saw the woman on her back in bed, apparently asleep, with another man sitting on her stomach.

He said this man's left hand was behind him between the woman's legs and he was hitting her with his right hand saying: "Wake up, bitch."

The accused said he hit the man on top of the woman and the two men came out of the bedroom with him into the living room. He said he drank some beer with the two men and had a conversation with them before they left.

As he was about to leave himself he discovered that the front door could not be locked and decided to stay with the alleged victim for the night, sleeping in a separate bed in her bedroom.

When she woke in the morning she asked him what had happened but he said nothing as he did not want to tell her that she had been sexually assaulted by her friend. He said she got up and left the room, returning a few minutes later accusing him of beating her up and raping her.

He said she left the apartment and returned with a friend, who asked him what had happened. He left the apartment shortly afterwards and rang the alleged victim a few times but she hung up on him.

He agreed with Mr Shane Murphy SC (with Ms Anne Rowland BL), prosecuting, that he had lied to gardaí after his arrest when he told them that he had been in Carlow on the night and had not had sex with the alleged victim, saying: "I was frightened."

He denied suggestions from Mr Murphy that he raped the woman, inflicted injuries on her or that he put his hands on her throat and said: "Die, bitch, die."

The trial continues before Mr Justice Barry White and jury of six men and six women.