A 17-YEAR-OLD told her mother she thought she had been raped while in bed after a social night out — waking up to find the man on top of her.
This evidence was given at a rape trial that opened in Cork today. Tom Creed, prosecuting, alleged that the 17-year-old complainant was out with relatives that night and ended up going back to one relative’s apartment with her parents, and that her parents left in the early hours of the morning. Mr Creed said the complainant stayed in a spare room at the apartment and that her relative had the other bedroom for herself and her boyfriend, who is the defendant in this case.
Mr Creed said that at some stage during the morning the defendant decided to use the toilet in the en suite where the complainant was staying, rather than the toilet in his own room. “Having gone to the en suite he got into bed with the complainant and removed her clothing and had penetrative sexual intercourse with her, to which she awoke, and he asked, ‘Are you on the pill?’ She mouthed, ‘Yes’. The accused told her not to tell anyone and left. It appeared he did ejaculate. He then returned to his own bedroom.
“The complainant watched TV (at the apartment) for a couple of hours next day. She asked the defendant to drive her home, a distance she put at being a 20 to 25-minute walk. She was pretending nothing happened. As soon as she got home she told her mother what happened.”
In her direct evidence the complainant, who is now 20, testified: “I don’t remember what bedroom I was in. Next thing I remember I was aware he was next to me. I asked him what he was doing, because I felt him in me. I felt his penis in my vagina.
“I asked him what he was doing. That is the next thing I remember. He asked me was I on the pill. I said, ‘Yes’.”
Mr Creed asked her, “Did you consent to him?” She replied, “Absolutely not. I did not do anything.”
“Did he say anything before he left?” Mr Creed asked. She replied, “He told me not to tell anybody.”
“When you got up and went to the toilet (afterwards) what state were you in?” Mr Creed asked. The complainant said, “I was drunk.”
Later that morning she said she asked the accused to drop her home and they stopped on the way for her to get a bottle of Lucozade. “He said he would text me to see how was I feeling,” the complainant said.
When she got home she became upset talking to her mother and told her, “I think [defendant’s first name] raped me.”
Mr Creed said following medical examination it was found that the complainant had cocaine in her system. She said she did not take drugs. “Do you know how it would have got into your system?” Mr Creed asked. “I don’t know,” she said.
The complainant said she had three drinks in a restaurant, she did not know how much she had to drink in the pub, and she had three vodkas at the apartment. She said the defendant gave her the drinks in the apartment.
Siobhán Lankford, defending, suggested to the complainant that the defendant could not have taken off her jeans without her cooperation but she said that is not what happened. Ms Lankford suggested the complainant undid the fasteners on her body suit to enable the defendant to have sex with her. The complainant replied: “I don’t remember any of that happening.”
“Do you remember putting your hands on his hips and pulling them towards you?” Ms Lankford asked. She replied: “I don’t recall doing that.” Ms Lankford said the defendant’s penis fell out at one stage and that the complainant guided it back in. The complainant replied: “I don’t remember any of that happening.” Ms Lankford said that by the complainant saying to her mother, “I think [defendant] raped me,” she was not sure. The complainant replied, “I don’t ever recall giving him my consent.” The complainant’s mother testified that her daughter told her she had woken up to find the defendant on top of her.
The 28-year-old defendant, who was 25 at the time of the alleged incident, was arraigned and pleaded not guilty to the single count on the indictment of raping a woman on August 27, 2017.
The trial will continue tomorrow before Mr Justice Alexander Owens and a jury of five women and seven men.