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Man accused of violent rape told gardai woman initiated sex by kissing him

Central Criminal Court
Central Criminal Court

A Cork man accused of raping a woman after a party in her house told gardaí that her allegation was “bullshit” and that she had initiated sex by kissing him.

The 29-year-old man, who cannot be identified for legal reasons, has pleaded not guilty at the Central Criminal Court to rape, anal rape, oral rape, two counts of aggravated sexual assault and assault causing harm to the woman at her home in January 2014.

A local sergeant told the jury that he called to the man's workplace after the woman made an allegation of rape.

He said the man claimed that the woman suggested he sleep on her couch after he and some of her friends had been drinking in her home. She went to bed, having been sick and he left a basin in her bedroom before returning downstairs to watch television.

He later heard a thud upstairs and went to check on the woman. He said she had been vomiting, he put his hand to her face to make sure she was breathing OK, she kissed him and they had sex.

The man agreed with gardaí that the sex between them had been rough and involved spanking. He said at one stage he apologised to her for hitting her buttocks too hard.

He accepted that he later noticed that she had a red mark on her face but when he asked her about it, she said it was because of the way she had been lying on her bed while they were having sex.

In subsequent interviews gardaí showed him photographs of the woman's face the days after the alleged rape.

The man accepted that the woman had two black eyes in the pictures. He said he couldn't account for them and denied that he was responsible for the injuries.

He also denied that he caused an injury to her thumb by biting her as alleged.

He denied that he ever slapped the woman's face with an open hand as she had claimed.

The man also refused to accept a suggestion that he called her “a bitch”, saying that he had never spoke to a woman like that.

He also denied that he ever said to the woman that if she wanted to see her son again she should do as he told her.

The man told gardaí he believed that the woman was enjoying the sex and denied ever having forced his penis in her mouth.

He said he “wasn't into” sex toys and denied that “any foreign object” was used by him during sex. He said he had no recollection of a carrot being used and said he had no idea where it had come from.

The man said he didn't know why the woman would make a statement of rape against him and again insisted that the sex between them that night had been consensual.

The trial continues before Ms Justice Isobel Kennedy and a jury of six men and six women.

A neighbour of the alleged victim told Tom Creed SC, prosecuting, that she came downstairs at about 8am on the morning of January 4, 2014 and then heard someone constantly ringing her doorbell and banging on the door.

She asked who it was before opening the door and recognised the woman's voice. She said the woman was hysterical and said she had been raped. She said the woman's make up was all messed up and this was unusual as she had never seen her not looking presentable.

She rang one of the woman's friends at her request. The complainant's brother came to look after her son who was still asleep in the woman's house.

The woman's friend told Mr Creed that she went straight to the house after speaking to the neighbour. She said the alleged victim was shaking and could not talk. She said her hair was messed up and there was a bite mark on her hand. She stayed until gardaí arrived.

The woman's friend said she had been at the alleged victim's house the previous night and was introduced to the accused man. She said when she left with her boyfriend and a second friend there was just the alleged victim and the accused left in the house.

She said the woman was upset and the accused man told her he would keep an eye on her.

She said during the evening the accused man had been texting a girl who was debating about coming over to the house and he had been asking their advice.

A second friend of the victim told Mr Creed she had arrived at the alleged victims at 8.30 pm on the evening of January 3, 2014 and later spoke to the accused man. She said she felt a bit awkward as she had not met him before.

She said the alleged victim looked “perfect” in terms of appearance when she was leaving.

She agreed with Ciaran O'Loughlin SC, defending, that her recollection was the complainant had been on the phone for some time and she felt abandoned