Trial hears Cork woman deny saying 'sex assault claim is the only way to get to a man'

The young woman claims that her father sexually assaulted her on Christmas Eve night
Trial hears Cork woman deny saying 'sex assault claim is the only way to get to a man'

The accused father in the trial denied the allegation, saying: "I would never touch my children.”  File photo: Dan Linehan

The half-sister of the young woman claiming that her father sexually assaulted her on Christmas Eve night testified in the trial that the complainant once told her that alleging a sex assault was “the only way to get to a man”. 

The witness said she was once with her half-sister when a man who was known to have a conviction for sexual assault visited the premises. The witness alleged that the complainant made a comment she would never forget.

“She said a sexual assault (complaint) is the only way to get to a man. It is the only thing they cannot prove. I will remember that for the rest of my life.” 

Defence barrister Mark Lynam put the allegation to the complainant that she had once made this comment. The complainant – who said that her father sexually assaulted her – said in relation to this alleged comment about making sex assault complaints: “On the bible I never said anything like that.” 

Mr Lynam BL said during cross-examination of the complainant: “I am not saying you are trying to get to your father but whatever was in your head you twisted events.” The complainant was 19 at the time while her father was 50. 

He pleaded not guilty to the single charge of sexually assaulting her on the night/early hours of December 25, 2017. There is a prohibition on identifying the parties who are from County Cork.

Father's testimony

He gave evidence in the trial. When Mr Lynam BL put the evidence to him of alleged sexual assault he replied: “No never. Could not do it. As a father I done everything possible to protect my children. 

"I tried to give them everything I never had as a young fella – en suite bedrooms, Netflix, Sky TV, I filled the fridge with everything I could. I love my children. I would never touch my children.” 

He said at the outset of his evidence that he had a very difficult relationship with his daughter - the complainant. He said she was confrontational, rebellious, had behavioural issues in school, issues in her relationships with young men, confrontations with her siblings to the extent that they had not spoken to her for about two years before the date of the disputed incident.

He said he rowed with his daughter about her wanting to bring her pet dog into the house.

Daughter's testimony

Prosecution barrister, Imelda Kelly, asked the complainant earlier about the allegation she was making and she replied: “I just remember waking up and feeling someone’s fingers in me. My pants was down and my underwear was down. I turned around and saw my dad in the bed. 

"I remember feeling someone’s fingers in me – I woke up to feel his fingers inside me – in my vagina.

“I pulled his hand out of my pants and I ran out the door, out the front of the house. I was roaring crying. I remember hiding behind the wall and it was raining. He (her father) came to the door and said, ‘I was sleeping, I was sleeping, I didn’t mean it.’ I told him to get away from me. He told me to stop making a scene.” 

She said she went into the house, got her phone and handbag, put on her coat and left. She then phoned a number of friends. She sent one text stating, ‘Dad touched me. I don’t feel safe here.’ She made a complaint to gardaí on Christmas morning.

The accused man said he woke on Christmas morning to gardaí knocking at his front door telling him of the allegations against him. He said he was disgusted by the allegation.

The jury will commence their deliberations tomorrow.

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