The 25-year-old man who insisted he had consensual sex with a 17-year-old staying at his apartment after a night of drinking was accused today of trying to have sex with her as she slept but that she woke up in the middle of it.
This allegation was made during cross-examination of the defendant by prosecution senior counsel Tom Creed at the Central Criminal Court sitting in Cork.
“What I am saying to you is that you got into this young girl’s bed, knowing the state she was in. You thought you would be able to have sex with her while she was asleep and she woke up in the middle of it,” Mr Creed said. He denied this.
The defendant said he left the bed where he and his girlfriend were trying to get a live stream on a laptop of the McGregor Mayweather Mixed Martial Arts fight at around 5 a.m. on August 27 2017.
He went in to the bathroom of the complainant and when he came out he said he sat on her bed talking to her because she was awake. The defendant said the 17-year-old squeezed his hand, drew his face towards him, kissed him and touched his penis outside his boxer shorts before there was consensual intercourse.
Mr Creed SC said that when the gardaí called to his apartment he said the sex was consensual but failed to mention all of the details he was now giving of her allegedly initiating matters.
Mr Creed reminded the accused he told gardaí, “When I went to leave the toilet I went in to (her) bed. We were kissing. Then we had sex. Before we had sex I asked her was she on the pill?”
“Now you are saying she sat up in bed, she squeezed my hand, she pulled my head towards her, she put her hand on my penis. Why did you not say all that to the guards?” Mr Creed SC asked.
The defendant said, “I wanted to get the interview (in his apartment) over as fast as possible. I was worried (girlfriend) would hear it.”
Mr Creed said there was no fear of that as his girlfriend was on a different floor of the apartment at the time with other gardaí.
Mr Creed said the essence of the defence case is that the complainant initiated and consented to sexual intercourse. Mr Creed said the reason the defendant did not say those things to gardaí initially about hand-squeezing and so forth was because they did not happen and he had made up these things since because of the bind in which he found himself.
“That is not true,” the defendant said.
Mr Creed asked him about telling the complainant not to tell anybody what they had done and asked why he told her that.
He replied, “Because it would kill (girlfriend).”
The prosecution senior counsel said, “You cannot have thought much about (girlfriend) when it was happening.”
The defendant replied, in relation to what he insisted was consensual sex, “What we did was wrong, it was immoral.”
Mr Creed said, “It breaks your moral code.”
The defendant replied, “Yes.”
There was evidence that the defendant and his girlfriend are still living together.
It is anticipated in the case that Mr Justice Alexander Owens will complete his charge of the jury of five women and seven men and they will commence deliberations on their verdict on Friday.