Doctor gives evidence in rape trial

The doctor who examined an alleged rape victim has said she gave no history to him of any struggle, a court has heard.

A 42-year-old man has pleaded not guilty at the Central Criminal Court to raping and sexually assaulting the then 17-year-old girl in a bar in Dublin on July 17, 2009.

It is alleged that the girl was raped in an office after being invited to the bar by the accused along with a male and female friend of hers.

But a doctor from a sexual assault treatment unit has said the complainant gave no history of a struggle.

Dr James Moloney told Mr Michael Durack SC, prosecuting, that he began examining the girl in the unit at the Rotunda Hospital at around 4.45pm and finished at 6.20pm on the day of the alleged incident.

The doctor told the court he found a 2cm x 2cm darkish purple bruise between her wrist and her thumb, which was tender and there was a darkish bruise above the left ankle.

Dr Moloney said the perianal area was normal but an area of the labia minora or inner side of the vagina, was slightly inflamed.

He said the hymen was intact but that this would not be sufficient proof in the context of a rape prosecution.

“In some females a hymen can be more elastic and can yield on penetration,” the doctor told the court.

He agreed with Mr Durack that evidence of friction on the labia minora might occur if someone was not prepared for intercourse.

“Yes, if there wasn’t enough lubrication,” said the doctor.

But under cross-examination by Ms Aileen Donnelly SC, defending, Dr Moloney said that it was “a very slight inflammation” which was “consistent with some sort of friction”.

He agreed with Ms Donnelly that it could be caused “if the underwear were tight”.

The doctor said it was possible this could occur if they were “very skimpy” or “with some very slight underwear”.

Ms Donnelly asked if the inflammation: “could have been caused by a sex toy”.

The doctor replied: “yes” and added that because there is a very good blood supply it would heal within 24 hours.

Previously the complainant told Mr Durack she had used a sex toy but it was about a year or so prior to the offence.

Ms Donnelly also put it to Dr Moloney that when he spoke to the girl she did not give a history of a struggle where she boxed the man or kneed him in the groin.

“That’s right, she said she attempted to push him away,” said Dr Moloney but agreed with Ms Donnelly that she made no mention of a struggle.

He told Ms Donnelly there was nothing to account for the bruise on her left leg and he said the girl accounted for the bruise on her wrist as being from when she said the accused grabbed her.

But Dr Moloney agreed with Ms Donnelly that the girl did not give any account of being pinned up against a door.

The trial continues before a jury of seven women and four men presided over by Mr Justice John Edwards.

One of the jurors had a previous engagement and was discharged permanently by the judge.