A teenage girl alleged that a teenage boy raped her in the dugout beside a sports ground, a Cork court heard today.
The boy and girl had exchanged nude photos and videos on Snapchat about two years earlier.
This was the allegation put before Mr Justice Paul McDermott and a jury of eight men and four women at a trial which started at the Central Criminal Court sitting in Cork.
The complainant was 16 and the accused was 17 at the time of the alleged rape in County Cork.
The accused who is now 21 pleaded not guilty to raping her on January 7 2017 by having sexual intercourse with her without her consent or being reckless as to whether she did consent. He also pleaded not guilty to sexually assaulting her on the same occasion by putting his fingers in her vagina.
“We were exchanging pictures and videos of us being nude, for a couple of months. It ended. I then blocked him on the account. He contacted me on (another number in) Snapchat,” the complainant, who is now 20, told prosecution senior counsel Alice Fawsett.
After this exchange of images, the complainant was in a relationship with the defendant’s brother for a period of nine months. Her boyfriend was a year younger than her, the defendant was a year older.
On the morning of January 7 2017 she rang the defendant after getting a number of texts and missed calls from him and agreed to meet him because he wanted to tell her something serious about his family. She said he told her that her boyfriend – his brother – was cheating on her with someone else. The defendant also expressed his own feelings for her, that he loved her and he was sorry he did not go out with her two years previously. The complainant said she was very upset at what he was saying because she loved her boyfriend.
She said he kept saying he wanted to kiss her, using the word, shifting. “He said to look at him and I kissed him because I was scared… The next thing that happens he said he would like to have sex with me,” she said.
She said he put her on top of him in the dugout and started pulling down her jeans and his own pants. She said he rubbed her vagina, put his penis in her vagina, put her against the wall standing with his penis in her. “I got really upset and started crying. He pulled out and said, ‘Sorry, I can’t’,” she testified. She said he did not ejaculate.
Three days later she made searches on the internet on her phone, with the following searches recorded: rape, When is sex called rape?; What if someone rapes you?; Is it rape if you like him?
She said she made those searches because she had agreed to go to the dugout with him and did give him permission to kiss her so she wanted to be 100% sure before she made a rape complaint. Before that she thought rape was something done by a complete stranger. “I did not know it could happen with my boyfriend’s brother,” she said.
She agreed that after making the complaint she later told her boyfriend it did not happen but she said that was to stop him from attacking the defendant. “He was going to slice up (defendant),” she said.
James O’Mahony defence senior counsel said the accused said there was no sexual activity in the dugout on the date in question. He asked her how the defendant allegedly stopped her leaving the dugout and she replied that it was by holding her hands and telling her not to go.
The trial continues tomorrow.