A young woman who claimed she was raped in her bed by a friend who had been like a brother to her texted him afterwards, “Drink is no excuse. You are dead to me.”
This emerged at a Kerry rape trial which commenced 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, denied a charge of rape where it is alleged that on June 10 2018 he had sexual intercourse with the complainant without her consent. She was aged around 20.
Defence senior counsel Michael Bowman said the defence was that there was no sexual intercourse and that the defendant had performed oral sex on her with consent.
The complainant said, “No, no, no, no, that is not how it went."
Prosecution senior counsel Vincent Heneghan said in his opening of the case that the complainant was a 20-year-old college student at the time and was back in her home in Kerry working part-time for the summer of 2018.
Mr Heneghan SC said the accused was one of the best friends of the complainant’s brother and that the young men went out that night and came home in the early hours.
On the night of the alleged rape at her family home in Kerry, the complainant was a bit down that day as she had broken up with her boyfriend. She said that when her brother and friends arrived home the defendant came up and sat on her bed.
“He said he was worried about me. I said I was OK. He went to hug me,” she said, adding that she hugged him before he left the room and she went to sleep.
“I woke up and (name) was behind me. His penis was in my vagina from behind. I just froze for a few minutes. I did not know what was happening – trying to process it… He was going back and forth really slowly as if he did not want me to wake up. I pulled myself together and turned around and told him to get out of the room.
“He put his head on the pillow pretending to be asleep. I told him to get out of the room. It felt like time was stopped… I said get out of my f***ing room. He got up and left,” she said.
The complainant believed that the defendant had told her brother that they had ‘shifted’ and she got really angry at hearing that so she texted him through Facebook Messenger.
She texted, “What are you going around telling people we shifted when I woke up to you riding, you sick f***.”
He replied that he was only messing when he told her brother they had shifted and he was not being serious in saying it.
She texted, “F*** you, you made a serious big f***ing mistake.”
He replied, “I am really f***ing sorry, I am a retard, like. I am giving up the drink…”
She texted, “Drink is no f***ing excuse. You are dead to me. And this is not going to be the end of this.”
She had screenshots of all of those messages and recalled another unrecorded one where she told him never to come back to her house. She said he did not ever come back.
The complainant also testified that when she was away at university before that summer there was one weekend when her brother and the defendant visited and stayed with her at her apartment. She said when they were out queuing for a venue on one of the nights the defendant tried to hold her hand but she did not.
Later the defendant crashed out asleep on her bed. She felt too shy to say anything or to ‘ruin’ the weekend so she slept on a beanbag.
The case continues tomorrow.