The jury in the trial of the young Kerry man who denies raping his best friend’s sister as she slept in her family home will continue their deliberations on Tuesday.
The seven men and four women of the jury heard evidence in the case throughout last week at the Central Criminal Court sitting in Cork and were addressed on the law pertaining to the case throughout today by Ms Justice Mary Rose Gearty. One woman was discharged from the jury, with the consent of both sides.
They deliberated until after 4.30pm on Monday before Ms Justice Gearty told them to suspend their deliberations and to resume on Tuesday.
The defendant, who is now 25 and was 23 at the time, denied a charge of rape where it is alleged that on June 10, 2018, he had sexual intercourse with the complainant without her consent. She was aged around 20.
The accused told gardaí he didn’t want to drag the complainant “through the mud” but said: “I am not going to tell you that I raped her. I didn’t.” The young woman said the defendant was like a brother to her and came into her room briefly a couple of hours before the rape and sat on her bed.
“He said he was worried about me. I said I was OK. He went to hug me,” she said, adding that she hugged him before he left the room and she went to sleep.
“I woke up and (name) was behind me. His penis was in my vagina from behind. He was going back and forth really slowly as if he did not want me to wake up. I pulled myself together and turned around and told him to get out of the room.
“He put his head on the pillow pretending to be asleep… I said get out of my f***ing room. He got up and left,” she said.
The complainant believed that the defendant had told her brother that they had ‘shifted’ and she got really angry at hearing that so she texted: “What are you going around telling people we shifted when I woke up to you riding, you sick fuck.”
He replied that he was only messing when he told her brother they had shifted and he was not being serious in saying it.
She texted: “Fuck you, you made a serious big fucking mistake.” He replied: “I am really fucking sorry, I am a retard, like. I am giving up the drink…”
She texted: “Drink is no f***ing excuse. You are dead to me. And this is not going to be the end of this.”
The accused said: “I went into (name) room where I turned on the light. I asked could I stay the night with her. She said, ‘Yeah, ok’."
He said that he started feeling her breasts and rubbing her vagina and that she started feeling his penis, she opened her legs and he started performing oral sex on her for two or three minutes.
He said he put his penis against her vagina but that she was not aroused. He said he got up shortly after this, put on his clothes, found an empty bedroom and slept until 10 am.
When this version of events was put to the complainant earlier in the trial she said, “No, no, no, no, that is not how it went.”