Healthcare worker (50s) put number in teen girl's phone after alleged sexual assault, jury told

The trial continued on Wednesday before Judge Cephas Power and a jury of five women and seven men at Mullingar Circuit Criminal Court
Healthcare worker (50s) put number in teen girl's phone after alleged sexual assault, jury told

Tom Tuite

A young woman told a jury that a healthcare assistant put his number into her phone after undressing her and washing her breasts and backside at a midlands medical facility.

The accused, a man in his 50s who cannot be identified for legal reasons, has pleaded not guilty to two counts of sexually assaulting the then 17-year-old girl, who suffered from depression and had needed treatment following an overdose of tablets.

The trial continued on Wednesday before Judge Cephas Power and a jury of five women and seven men at Mullingar Circuit Criminal Court.

The jury was told that the teenager had been assigned as an "independent patient," meaning she did not require assistance with washing or dressing.

Giving evidence on day two of the trial, the young woman said she had suffered from depression and anxiety, was scrolling through social media, and felt very vulnerable at the time.

She told the court, "Everything seemed to get to me."

The woman told jurors that about a day and a half after she was admitted for treatment, she was still observed as a result of the overdose attempt.

She shared a room with another patient, a woman in her 60s. She testified that the accused entered the room that morning with a "big smile," was very friendly, and said he would look after them.

The witness said he told her she should have a shower, but she wanted to wait for her mother first.

When he suggested washing her face instead, she agreed because she thought it might have been dirty.

She said the accused pulled the curtains around her bed and had a basin of warm water, tissues, and Johnson's Baby Wash. After he started washing her face, she said he then unbuttoned her top to get her arms out, but could not because she had blocked him.

She alleged that he proceeded to lean over and unclasp her bra. The jury heard he washed her arms, and then started to wash her breasts and pulled them together.

She further stated she had no top on when she was told to stand, and he pulled down her pyjama bottoms.

The witness said he told her to wash her front while he looked away. The complainant thought he only pretended to turn away, and she gave her front a quick wipe.

She said he told her she had not done a good job and alleged that he then started washing and cleaning her backside in a circular motion.

Afterwards, she said he put her leggings on her and started to dress her, but did not put on any underwear even though she had a fresh set in her bag.

She told the jury that as he slowly pulled up her leggings, he was kneeling eye level with her vagina at the time, and was "looking straight in front of him".

She told the court that he put her bra back on her and then started to massage her back.

The young woman said that she lay face down on her tummy at the time, and she told him it was nice to get him to stop.

She said he asked for her number, then put his contact number into her phone, and gave it back to her. She said she intended to block him the minute after he left.

WhatsApp

The witness said the accused then sat on a chair near her bed, sighed, and took out his phone when he got a notification. However, she said he sighed because it was not her texting him, so she sent him a waving-hand emoji on WhatsApp.

She told the court that she asked him about the woman on his phone's lock screen, and he said it was his sister. He told her he was not married and did not have any children.

The witness alleged that the accused told her that he wanted a girl, but that she was "unavailable right now".

The complainant said she initially thought he liked a girl who must have had a partner, but he then added that the girl was in the hospital.

"Then it clicked — I was in the hospital. I asked if it was me, and he put out his hands and made me give him a high five," she said.

The young woman alleged that he told her that when she got out, they could go for Chinese food.

She said that another staff member arrived, and the accused mentioned his birthday, and she said that she was 17, and he called her the "baby of the ward".

Cross-examined by the defence senior counsel Dara Foynes, she rejected a proposition that while she had given evidence that the accused used his left hand, he actually never used that arm.

The older woman in the ward told the trial that the healthcare worker initially came into the room "full of the joys of life" and dancing, describing his behaviour as "over the top".

She testified that after he finished with the girl, he came over to wash her, but was "too familiar".

She told the court that his hands moved from her shoulder over to her breast area, and he went to take off her bra and touched her stomach.

"I swung at him," she told the court, adding that she did not make contact with the accused.

The trial was told she did not see what had happened around the girl's bed because the privacy curtains had been pulled.

The jury heard that the second woman later noticed the girl's demeanour had completely changed afterwards.

She described her as being highly agitated, marching up and down, swinging her arms, stamping her feet, and jumping on the bed.

Cross-examination

She testified that it was "frightening to see her like this" and that she knew something had happened to her. She described the girl as a "happy-go-lucky" child.

Under cross-examination, the witness agreed she had known the complainant only a short time, but explained that during that time she had spoken about what the teenager wanted to do in life.

The complainant's mother told the court that her daughter had told her what had happened when she arrived at the hospital later that day, and she noticed that she was "very shook". The mother then reported it to more senior staff that day.

A staff director told the trial that nurses give instructions to the agency healthcare workers who do not have access to medical notes.

The director said their role was to provide feeding, hydration, and personal care, and that they are informed of the patient's needs.

The defence says there was a communication breakdown. The court heard the accused maintains that he only washed her face, arms, and armpits,

The trial continues on Thursday.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112. 

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