The jury for the rape trial at Cork Circuit Criminal Court will continue their deliberations on Monday in the case where the complainant and the accused exchanged nude photos and videos on Snapchat some two years before the alleged rape.
The complainant was 16 and the accused was 17 at the time of the alleged rape in a dugout at a County Cork sports ground. Two years before that they had exchanged intimate images via Snapchat.
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.
She testified that she agreed to meet him before 6 pm on January 7 2017 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. 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.
When he gave his direct evidence to defence senior counsel James O’Mahony the defendant said he lied about exchanging nude images with the complainant because he was embarrassed for his father to hear about this in the garda station. However, the defendant said during the trial that they did share such images previously.
Mr O’Mahony SC asked: “Did you have sex with (complainant) against her will?” He replied, “No I did not.” “Did you kiss her without her permission?” He said, “No.” “Did you kiss her at all (on January 7 2017)?” He replied, “No.” “Did you put your finger in her vagina?” He said, “No I did not put my fingers in her vagina.” During his examination the defendant also denied pulling down his pants and the complainant’s pants.
Prosecution senior counsel Alice Fawsett, and defence senior counsel James O’Mahony, made their closing speeches to the jury and Mr Justice Paul McDermott then told the eight men and four women of the jury about the legal issues governing their consideration of the evidence.
The jury deliberated for just over an hour this afternoon before the judge sent them home until 11 am on Monday when they will resume their deliberations.