Girl tells Cork trial of boys accused of her rape that she did not consent to sex
The trial continues at the Central Criminal Court sitting in Cork before Mr Justice Paul McDermott and a jury of nine women and three men. File picture: Dan Linehan
A teenager who says that she was raped in the back of a car on an afternoon at Limerick Racecourse was cross-examined on Thursday by lawyers for the two accused teenagers.
Two defendants – who were aged 13 and 15 at the time - are both charged with raping and sexually assaulting the then 16-year-old girl at a St Stephen’s Day race meeting in 2023. A third boy is accused of aiding and abetting the first two defendants in carrying out these offences and he is also charged with falsely imprisoning the girl.
Tom Creed, senior counsel for the 13-year old (who is now 15), said: “It would appear there was kissing involved with (boy, 13) and that the kissing may have involved your neck and breast and at some stage he put his finger in your vagina.” The complainant said that she had said to the teenager: “No, I am having my period.”
Mr Creed said: “Up to that point, everything that was done with (name) was consensual?”
The complainant, who was 16 at the time and is now 18, replied: “Yes, up until that point.”
The defence senior counsel said: “You say he took down his pants and had sexual intercourse with you.” She agreed.
Mr Creed asked: “At that stage did you attempt to fight him off or anything?”
She replied: “Not fight him off, but I told him I was on my period. I did tell him, no.” She said she did not consent to sexual intercourse with him.
She agreed that there was an opportunity for her to leave the car when the teenager left the car but she did not do so.
Mr Creed asked what happened when the 13-year-old left the car? She replied: “What happened then was his friend jumped in the back and did the same thing.”
Vincent Heneghan, senior counsel, represented the teenager accused of rape who was 15 at the time, and said: “My client admits he had sexual intercourse with you but that it was consensual.”
Mr Heneghan said of his client: “He said it was you in the racecourse who approached the three.”
She replied: “I don’t remember exactly but it could have been.”
“Did you tell them you had been drinking with your friends?” he asked.
She replied: “I did not say it but you could see it from me.” She agreed that she willingly got into the car.
Mr Heneghan said: “You said to him you wanted to have sex?”
She replied: “No. I have no recollection of that. I believe I did not say that.”
Mr Heneghan said his client was the first person to have sexual intercourse with her. She disagreed.
Further, he said she was the person who initiated sexual conduct. To that, she said: “No, I was not.”
Going back to the parties meeting at the pavilion of the racecourse that afternoon she agreed that she did not know the three defendants before this.
He suggested that she took an interest in the 15-year-old defendant (who is accused of rape) on the way to the car having first expressed an interest in the 13-year-old accused. She denied taking an interest in the 15-year-old, as suggested by Mr Heneghan.
Mr Brian McInerney, senior counsel for the defendant who is not charged with rape or sexual assault but is charged with aiding and abetting and false imprisonment, said he did not wish to cross-examine the complainant.
Dean Kelly, senior counsel for the prosecution, re-examined the complainant and asked: “Did you consent to anyone taking off your clothes?”
She replied: “No, I did not say yes.”
As for her condition with regard to alcohol, she answered: "I knew I was drunk. I did have a good few drinks in me and I knew I was not thinking properly.” The trial continues at the Central Criminal Court sitting in Cork before Mr Justice Paul McDermott and a jury of nine women and three men.
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