A witness told the judge and jury in the Kerry rape trial that she walked into the bedroom and saw a man on top of a woman and she immediately walked out again laughing and giggling.
“I more or less burst in. There was no light on. There was a man on top of a female, we’ll say. I saw her legs in a V and him between them. I just went out the door laughing,” the witness said.
Prosecution senior counsel Vincent Heneghan asked the young woman, “What did you think was going on?”
She replied, “Sexual intercourse.”
Mr Heneghan asked, “Did you hear any noises, any voices?”
She replied, “No. Silence.”
She said the defendant then walked out to the door and closed it.
Cross-examining the witness, defence senior counsel Michael Bowman suggested that whatever she saw it was not sexual intercourse. Mr Bowman has indicated that the defence was that there was no sexual intercourse and that the defendant had performed oral sex on her with consent.
The complainant, who was aged around 20 at the time and gave evidence on Tuesday, denied this and said she woke up to find the accused having sexual intercourse with her.
The complainant’s younger sister testified that her sister phoned her on the date of the alleged incident.
“She was hysterical, she could barely speak. I tried to calm her down. She said she was in her bed, (name) came up to her room, they talked, he left, she went to sleep. She woke up to him riding her,” the witness said.
She said her sister also told her she told the defendant to get out of her room and after first pretending to be asleep beside her he pulled up his pants and ran out of the room.
“She was bawling crying, absolutely hysterical. She could barely pull the words out,” she said.
The complainant’s older brother said today that the defendant had been his best friend at the time. He said that on that night, the defendant and another of their friends went back to the complainant’s family home, even though he (the complainant’s brother) did not go back home that night. His parents were away at the time.
He said he was kind of annoyed his two friends went back to his house when he was not going home himself.
He said the next day the defendant told him first that he kissed the complainant and then said he had sex with her.
The complainant’s brother said later that night when he spoke to his sister she was crying and very upset but would not tell him why she was upset.
The other young man, who was friends with the parties, said the defendant started telling him that on the night of the disputed incident that he liked the complainant and he fancied her and he was going on about her.
Cross-examining this witness about the allegation that the defendant later said he had sex with the complainant, Mr Bowman SC said, the accused never said he had sex with her.
The witness replied, “He did say he had sex with her.”
The trial continues at the Central Criminal Court sitting in Cork before Ms Justice Mary Rose Gearty and a jury of seven men and five women.
The defendant, who is now 25 and was 23 at the time, denies a charge of rape where it is alleged that on June 10 2018 he had sexual intercourse with the complainant without her consent.