Anticipated evidence outlined in trial of man who denies raping woman at her home

Anticipated evidence outlined in trial of man who denies raping woman at her home

Prosecution senior counsel Roisín Lacey gave the jury of six men and six women an outline of the evidence she anticipated would be given but stressed that this was not itself evidence. Picture: iStock

A man who denies raping a prostitute at her home in Kerry is also accused of intimidation of the witness by allegedly sending her a drawing of a decapitated woman and a man wearing a crown holding her head aloft.

Prosecution senior counsel Roisín Lacey gave the jury of six men and six women an outline of the evidence she anticipated would be given but stressed that this was not itself evidence. As for the facts of the case she said only the jury could establish the facts.

Ms Lacey said the 34-year-old complainant was living in Kerry and met the 27-year-old defendant through a website called FabSwingers in December 2016 and they commenced a consensual sexual relationship.

“It is the prosecution case that he (the defendant) was aware she was acting as a prostitute, engaging in sexual relations with men for money. He takes it on himself to organise her business for her, the bookings and pricing. He set up an ad on a website for her and he set up a Paypal account… and a moniker for her. He said he would look after the business side of those affairs,” Ms Lacey said.

Furthermore, there was an arrangement from January 2017 for the splitting of monies. 

“Their relationship – consensual and sexual – continued for some time. The complainant became somewhat disillusioned. She wanted to break away from the accused man. She will outline her reasons for that. She set up a new account on Swingers (website). He found out about it and was not best pleased.

“On September 25 2017 she returned home having visited her parents. She pulled the car in to the drive. She was on the phone to her sister. She saw the accused. He followed her in. She was cleaning the fire out. He picked her up. There was a struggle. She was telling him to stop. He brought her up to one of the bedrooms. He took her pants off. She was saying, ‘no’. He penetrated her vaginally and anally (with his penis). That is the subject matter of the rape and sexual assault allegations. (It is alleged) that was done without her consent. He subsequently left and she made a phone call to her sister and to her friend. She then stayed at someone else’s house.

“On September 28 2017 a formal complaint was made to An Garda Síochána.

“(The accused man) said they had met on FabSwingers, they had a sexual relationship and it turned sour. He denied controlling or organising prostitution. He denied raping her vaginally and anally. He said that yes she said stop three or four times but that was no different to other times they had sex,” Ms Lacey SC said.

The prosecution senior counsel said in relation to the alleged intimidation of the witness that the complainant received by Snapchat “a drawing of a headless person hanging from a tree and a naked man wearing a crown holding aloft the severed head of a female, and the words, karma, suffer and c***,” and another message with the words, “I guess it takes a special kind of rape victim to want to stay close to her rapist.” It was alleged that the drawing was found in a search of the defendant’s home.

The trial before Mr Justice Michael White and the jury continues today (Wed) at the Central Criminal Court sitting in Cork.

The accused denies rape, sexual assault, organising prostitution and intimidation of a witness.

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