Accused raped girl on her 19th birthday, court hears

A young Tipperary woman has claimed at the Central Criminal Court that a family friend raped her while she slept after celebrating her 19th birthday in the hours beforehand.

The 26-year-old man has pleaded not guilty to raping her in Tipperary on November 21, 2004.

The complainant told prosecuting counsel, Ms Pauline Walley SC (with Mr Garnet Orange BL), that on the night of November 20 she, her father, her boyfriend, other family members and the accused went socialising in a Tipperary town to celebrate her birthday.

She told Ms Walley that she, her father and the accused returned to her father's house some miles from the town after visiting the local pub. She said it was usual for the accused to stay at the house every two weeks.

She said she went to a bedroom to telephone her boyfriend, who had left their group early in the night, before putting her father to bed and bringing in the dog. The accused went to her sister's empty bedroom and after turning off the lights in the kitchen she went to the bedroom to chat to him as she usually did.

She told Ms Walley that both of them were fully clothed at this time, apart from her shoes, and they talked for a while. She said she heard him asking "was I alright" and she muttered an answer as she was very tired.

She said the next thing she remembers was waking up with the accused on top of her and she could feel him penetrating her and ejaculating. She said she was lying on her stomach with her face in the pillow.

She said the accused then got up and went to the toilet.

She said she went to the bathroom and then went to her sister's house some distance away.

She said she did not wake her father because she felt he was too drunk to be of any assistance.

She said she had never been the accused man's girlfriend and they had never kissed and cuddled.

The hearing continues before Mr Justice George Bermingham and a jury of six men and six women.