'No rape was screamed': Accused denies attack on woman in hotel car park

The first defendant, aged 22, was giving evidence today on the ninth day of the trial at the Central Criminal Court. 

One of three men accused of raping a woman in a hotel car park has told a jury that “no rape was screamed” as their interactions were consensual.

The first defendant, aged 22, was giving evidence today on the ninth day of the trial at the Central Criminal Court. He has pleaded not guilty to rape and sexual assault.

A second defendant, aged 23, has pleaded not guilty to rape, oral rape and two counts of sexual assault. The third defendant, 23, has pleaded not guilty to rape and oral rape.

The offences are alleged to have occurred on December 20, 2017, at a hotel car park in the Leinster area. The complainant was aged 17 at the time.

The first defendant told his defence counsel Michael O'Higgins SC that he and the second defendant, who is his uncle, were driving around “out of boredom” on the day in question. They then met up with the third defendant and another male.

“The lads told us they had a date,” the first defendant said, adding that he and the second defendant decided to go with the other men. He said they had planned to go to a Chinese takeaway to get food.

He said the complainant's friend rang several times and the third defendant told her they'd let her know if they were calling over.

The first defendant told Mr O'Higgins he understood they were going to pick up the girls, go for a drive and “see what happens”. He said “sex came on the agenda” with the complainant's friend in the meantime.

The first defendant said the complainant, her friend, and another girl came to the car when they arrived at the train station. He said there was “messing” about the other girl getting into the boot, but it was “nothing serious”.

The first defendant said the complainant got into the car first, followed by her friend. He said there was talk about sex, but “no arguing” during the drive to the hotel car park.

The defendant said they sat in the car chatting for a few minutes when they arrived at the hotel car park, waiting for the second car.

He said he then asked the complainant to go for a chat and they walked a few metres away from the car. The first defendant said he “leaned in for a kiss” and it was “full consensual”.

He said they kissed for around two minutes and the complainant kissed him back. The first defendant said he put his hands down her pants, then asked the complainant for sex.

He said, “she asked me where”. The first defendant said the second car had arrived and the other car would be free.

'Full consensual walking'

Mr O'Higgins put it to the first defendant that the complainant gave evidence that he pulled her towards the car. The first defendant denied this, saying he didn't take her hand and it was “full consensual walking”.

He said when they got into the car, they both individually began to remove their clothing. The first defendant said he didn't remove or touch the complainant's clothing.

When Mr O'Higgins put it to his client that the complainant says she said no to sex, the defendant said: “she was worried about where sex was going to happen for her privacy”. He said he moved the car a few metres from the other car “for her privacy”.

The first defendant said they attempted to have sex, but “ended up leaving it”. He said he refused the complainant's offer of oral sex.

He said the second defendant came to the car window and asked for a threesome. The first defendant said he accepted the complainant “wasn't up for a threesome” but this “didn't mean she wasn't up for sex”.

He said he then left the car and walked around the car park while the second defendant and the complainant were in the car together. He said his uncle was not in the car while he and the complainant were engaged in “consensual sex”.

He said the complainant was “fully happy” and didn't communicate to him in any way that she didn't want to have sex. He said he would have accepted if she said no, but re-iterated his view that she was “up for sex”.

He told the jury that he has a mother, daughter and three sisters, saying “I understand no means no, I wouldn't force sex on any girl.” When asked about the drive back, he said he told the complainant to add him on social media and they would meet up at a later date.

“It seemed perfect. It didn’t come across as someone had been raped. I’d know the feeling. I’d have seen the reaction from [the complainant] if she’d been raped,” he said.

Cross-examination

Under cross-examination by Alice Fawsitt SC, prosecuting, the accused said he heard the complainant's friend say on a phone call with the third defendant that she would have sex with the four men if they came over. He said he didn't talk to the complainant's friend directly, but he heard her speak on the call.

Ms Fawsitt put it to him that the complainant's friend refused a request for sex from the third defendant. The first defendant rejected this as “completely wrong”.

When asked by prosecuting counsel, the accused said he was “pretty sure” they were stopped by gardaí during the drive to pick up the girls, but couldn't remember. He said he hadn't met the girls before that evening but introduced himself when the car arrived at the train station.

He agreed with Ms Fawsitt that a 17-year-old woman may feel anxious in a car with four men she didn't know, but said he couldn't answer further. He said he didn't ask her and “she came across nice”.

He told prosecuting counsel there had been “nice general conversation” in the car on the way to the car park. He agreed there was nothing in the conversation to warn someone that they were going to be asked for sex.

There was “nothing to make her feel that she had to do that", he said. “Any girl in a car with us never felt that either."

When asked when the complainant would have become aware there was going to be sex in a car, the defendant said she became aware when he asked her for sex. He disagreed with prosecuting counsel's contention that he had decided to have sex with her before they arrived at the car park.

He said the kissing between them was consensual and indicated to the jury that the complainant's hands had been around his neck during this interaction.

He said he wasn't in the car when the security guard entered the car park. He denied being the person whom the security guard had spoken with.

He said the evening was “ a bit of sex, fun” and “it’s something that would've happened regularly, but not with these girls”.

Ms Fawsitt asked the defendant if he was anxious for the complainant's privacy, and he replied that he wanted “to have a bit of privacy for herself and myself”. He said there was “full privacy” while they were in the car together.

When asked by Ms Fawsitt why he walked away from the car, the defendant said: “I wasn’t going to force something that I knew wasn’t happening." He said he'd have been “shocked” if the complainant told him on the drive back that she'd been raped.

“I wouldn’t come across as a violent person to her. I'd have had a conversation with her. I've been with lots of girls in my life. It's not in my nature to do this, I wouldn’t do this to a woman,” he said.

'Fully consensual”

Ms Fawsitt asked the defendant if he was suggesting that the complainant was “right about the facts and wrong about the reasons”. He agreed to this adding that, in his mind, their interactions were “fully consensual”.

When asked if he thought the complainant consented as he saw no signs of protest or resistance, the defendant said he “didn’t feel it”.

“I didn’t get the bad vibe,” he said. “I’ve been with girls all the time, she didn’t show any sign.”

Ms Fawsitt put it to the defendant that CCTV shows the cars spent 35 minutes in the car park, which suggests “ten minutes a piece” between the three defendants. He replied that he was only in the car with her for five minutes and reiterated his claim that they didn't have sex.

He reiterated his view that their interaction was consensual. He said he couldn't speak to the allegations in relation to his co-accused.

“Everything was fully happy. I didn’t get any indication of someone just been raped beside me. I wouldn’t do it. I believe the people with me that night wouldn’t have done it,” he said, referring to the journey afterwards to bring the two girls home.

He said rape is a “disgusting” word and “I have hatred for it”.

“I’m sitting in a court today fighting and bringing my innocence into court to try to prove I didn’t do this.” He told Ms Fawsitt he saw “no signs” from the complainant to suggest she'd been raped.

“I think you’d know if you’re raped how you’d come across,” he said. “She could have screamed for rape. There was no signs. Everything was consensual. That’s why no rape was screamed.” 

Ms Fawsitt asked the first defendant if he thought the complainant should have “made a scene”.

“If I’ve just been raped, I’d screamed for the nearest person to help me,” he replied. “I can’t put myself in her position. She had plenty of time. She was in the garage and had time to get someone for help. She had time to say in the vehicle, 'lads, you’ve just raped me'.” 

Ms Fawsitt put it to the accused that he saw the complainant hadn't consented through her words and expressions.

“I’m saying from my heart that she’s incorrect. There was no rape. Everything that happened was fully consensual. I've never raped anyone and never pressurised [them]”.

Evidence

In other evidence, two girls who were present at the train station on the night in question told the jury that they saw the complainant get into the car before her friend.

One of the girls said the complainant's friend showed them a photo of the third defendant, and that she later found out they are distant relatives. The witness said that she, the complainant and the complainants' friend went over to the car when it arrived and were chatting to the four men in the car.

The witness said the complainant and her friend, along with the four men, were encouraging her to get in the car but she refused.

She told Garnet Orange SC, representing the second defendant, that she messaged both the complainant and her friend later that night and they both replied they were fine. The trial continues tomorrow before Ms Justice Melanie Greally and the jury.