Woman alleging Halloween rape had previously withdrawn a different claim, court hears

The trial is continuing at the central criminal court sitting in Cork

A young woman who claims she was raped at Halloween when she was 12 by her slightly older cousin agreed she had previously made a rape claim against another young man but had withdrawn it.

Defence senior counsel Siobhán Lankford questioned the complainant in the rape trial today in relation to the other complaint.

“In October 2017 you made a complaint against another young man — an allegation of rape,” Ms Lankford SC.

The witness replied, “Yes.” Ms Lankford said: “This allegation was investigated, statements were taken, a search warrant was issued and following a full investigation, you withdrew that complaint and never proceeded with it?”

The complainant said, “Yes.”

Prosecution SC Tom Creed asked the young woman why she had withdrawn the other complaint of rape and she replied: “I felt I was not able to pursue two cases.”

Mr Creed said the defence lawyer, Ms Lankford, was suggesting that she was making up the complaint in the present case.

The woman replied: “I did not make it up. It happened. I wish I was making it up.” The complainant agreed with Ms Lankford that she was somewhat difficult in her teens.

Ms Lankford SC said, “Your family had concerns about your truthfulness. Your family thought you might be telling lies about things in general?” The witness replied, “Possibly.”

In relation to the present case being heard before Ms Justice Eileen Creedon and a jury at the Central Criminal Court sitting in Cork, Ms Lankford said the first time the complainant claimed she was raped by the defendant was made at the Transition Year ball.

Ms Lankford said: “I would suggest to you that after the TY ball you were on a path you could not come back from and had to proceed with this path — you could not lose face, you had to keep going?” The complainant replied, “No.” 

Ms Lankford said there were inconsistencies in the way some allegations were described and the time periods associated with them, between statements made to a guidance teacher, counsellors and the evidence given in court.

At the outset of the case on Monday, Mr Creed said it would be alleged that the complainant was aged 12 when she went trick-or-treating with her 13-year-old cousin at Halloween 2011.

Mr Creed said it was alleged that: “Upstairs in the bathroom there was penetration of her anus by his penis.” He said the second count on the four-count indictment allegedly occurred the following October 2012, again on Halloween night and that a similar alleged offence occurred.

Mr Creed said that on later occasions before June 2014 it is alleged that there was rape by penetration of the complainant’s vagina with the defendant’s penis and finally an act of oral rape at a time when the complainant was 15 years old.

The defendant, who is now 22, pleaded not guilty to all four charges against him.

The trial continues.