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Man goes on trial accused of raping his wife in 2003

The man, who cannot be named for legal reasons, has pleaded not guilty at the Central Criminal Court
The man, who cannot be named for legal reasons, has pleaded not guilty at the Central Criminal Court

A 44-year-old Dublin man has gone on trial accused of raping his wife on Christmas Day 2003.

The man, who cannot be named for legal reasons, has pleaded not guilty at the Central Criminal Court to two counts of rape, one count of oral rape and one count of anal rape of the woman on December 25, 2003.

Opening the trial John O'Kelly SC, prosecuting, told the jury that since 1990 the fact that two people are married does not exempt behaviour that is rape from being a criminal act.

He told the jury that they would hear that the couple, who had two young children, had a somewhat typical and very busy Christmas Day. He said they visited family members before returning home for Christmas dinner.

He said later the accused man put the children to bed and his wife fell asleep on the sofa downstairs.

He said they would hear evidence that the woman woke up at about 8.30pm to find the accused man forcing his penis into her mouth. He said she resisted and told him no, but he persisted.

Mr O'Kelly said it would be alleged that the woman was also vaginally and anally raped during the incident and that she resisted as best she could until she had an opportunity to get away.

He said they would hear that the woman, who was very upset, went upstairs to bed. Mr O'Kelly said the evidence would be that when she confronted her husband the following day and asked him “why?” he replied: “I don't know.”

The trial continues before Mr Justice Patrick McCarthy and a jury of four men and eight women.