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alleged sex act Shop worker accused of raping colleague at his ‘leaving party’

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A shop worker has been accused of getting into bed with a colleague and raping her while she was passed out drunk at his “leaving party”.

The man (29) allegedly forced the "blackout drunk" co-worker to perform a sex act on him at a house party in Dublin last weekend.

The woman (21) woke up naked from the waist down and with a black eye the next morning, but had no memory of what happened until she had a “flashback” later, a court heard.

The accused appeared in Dublin District Court charged with orally raping the woman. He was granted bail despite Garda objections after his defence said he would be fighting the charge and it could be two years before a trial can be held.

Outlining the prosecution's case, Detective Sergeant Bryan Hunt said the alleged victim had been at a gathering that was a “leaving do” for the accused and another man. She got extremely intoxicated, went to a bedroom and passed out in the bed, fully clothed.

The woman woke to find herself in bed with the accused the next morning; she was naked from the waist down and had a black eye, Det-Sgt Hunt said. The court heard the woman initially remembered nothing.

However, in a conversation later that day, she had a flashback in which she remembered engaging in oral sex but she had been “blackout drunk” and did not consent to it.

She also believed there had been non-consensual vaginal sex, but there was no charge in relation to this. She contacted gardaí and the accused was located and arrested.

The case involved a young woman being allegedly “taken advantage of” by a work colleague who betrayed her trust, Det-Sgt Hunt said.

The accused had previously booked a flight to return to Brazil, had no ties to this jurisdiction and told gardaí he was going to return home “for good”. Det-Sgt Hunt believed if bailed, the accused would not return to answer any charge.

Applying for bail, the accused’s barrister said his client had worked in a well-known store for two years and had saved more than €7,000 which he could put up as bail. He had told gardaí about his pre-booked flight before the gravity of the situation was explained to him, he said.

After the party, the next morning the accused and alleged victim “appeared at breakfast” and there was no indication of her being upset, the barrister said.

She had no recollection of anything untoward happening “with the exception of one flashback,” after which she said she “might have performed oral sex on my client”, he said.

At work later, another man spoke to her, which brought back the memory, Det-Sgt Hunt said. This caused her to be distressed and leave work.

The barrister said according to a statement, this man had come into the bedroom during the night to retrieve his glasses and saw the accused and woman kissing on the bed. He had not wanted to interrupt and left.

The accused told the court he had a degree and if he had to stay in Ireland for two years waiting for trial, he would study for a Masters. He was “absolutely emphatic” he would be fighting the case, his barrister said.

Judge Bryan Smyth granted bail in the accused’s own cash bond of €7,500.

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