Complainant in rape trial denies she sought out accused

Complainant in rape trial denies she sought out accused

 The complainant in the trial of a man accused of raping her when she was aged 14 has denied she sought out the man and suggested they do something “more risky or naughty”, a jury has heard.

The man (21), who cannot be named for legal reasons, was aged 17 when he allegedly sexually assaulted and anally raped the girl in a derelict building during a game of truth or dare.

The man pleaded not guilty before the Central Criminal Court to one count each of sexual assault, anal rape and defilement of a child at a derelict site in Co Kildare on May 14, 2016.

In his opening address to the jury, Lorcan Staines SC, prosecuting, said the counts of anal rape and defilement were alternative charges relating to the same incident.

During cross-examination of the complainant, Dominic McGinn SC, defending, asked the now 18-year-old woman why she did not leave the derelict building after she alleges the accused pulled down his trousers and showed her his penis. The complainant said she was shocked.

Mr McGinn agreed that anyone would be shocked, but said that surely the reaction would be to say that enough was enough. The complainant said she has said many times that she was really innocent and had never been in those circumstances.

'Risky or naughty'

The complainant rejected the suggestion of counsel that she had sought the man out, asked him to go to the derelict site and suggested that they do something “more risky or naughty”.

Mr McGinn suggested that the complainant took down her own trousers and underwear and that when his client ejaculated. she said “let's do it again”.

 The complainant said no, that was “preposterous talk”.

The complainant rejected the submission of counsel that she then got a phone call from a “very angry” lady that the accused thought might have been her mother. She rejected the submission of counsel that she made the accused promise not to tell anyone what happened.

Counsel put it to the complainant that she was very anxious that her mother would not find out about what happened. The complainant replied by asking if he was implying that she had done this before.

Mr McGinn responded that he was implying that she did it voluntarily on this occasion.

The complainant rejected the suggestion made by counsel that she was terrified that her father would find out about what happened and that was why she was saying the accused man did things without her consent.

Mr McGinn told the complainant that his client's instructions were that he did not pull down his trousers, he did not ask her to touch his penis and she did not do so. The complainant replied that it did happen.

The complainant rejected the submission of counsel that the alleged incident of sexual assault did not happen.

Mr McGinn put it to the complainant that she suggested his client take down his clothes, that the man hugged her from behind, ejaculated without penetrating her and that this was all done with her agreement. The complainant said that was not true.

Witness testimony

A friend of the complainant gave evidence that on the date of the alleged incident, she had been out skating with the complainant and they were later joined by the accused man.

The woman said she got hungry and left the complainant with the accused. She said that when she left, she understood they were going to go to a derelict site.

She said she saw the complainant later that day and that she seemed “kind of sad” and “not like herself”. She said the complainant told her the accused man had “touched her up and raped her”.

The woman said she advised the complainant to tell her mother what happened. She said that at the time her and the complainant were best friends and did everything together.

The woman told Mr McGinn that she did not remember going with the complainant and a different boy to the same derelict site later that day after the alleged incident.

She said the complainant remembered that day much better than her because of what happened and that it was a normal day for her until the complainant told her what happened.

The trial continues before Ms Justice Eileen Creedon and a jury.

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