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Rape accused denies he and co-accused 'swapped over' sexual activity with woman

The woman has told the trial that she was too drunk to consent to sex.

Image: PA Archive/PA Images

ONE OF TWO men on trial for raping a student who was allegedly too drunk to consent has denied that he and the co-accused “swapped over” sexual activity with the woman.

The jury at the Central Criminal Court heard that the defendant (29) told gardaí after his arrest that he didn’t go out that night with any intention to have sex and if he wanted sex he could go to his wife.

He and a co-accused (33), both non-nationals living in Donegal, have pleaded not guilty to two counts of rape of the woman in a town in the county in February 2015. The complainant is now aged in her 20s.

The woman has told the trial that she was too drunk to consent to sex and that the two accused raped her when she and her female friend went back to their flat after a night out drinking.

The alleged rapes took place when all four were lying on a bed. The older accused told gardaí that he and the complainant had consensual sex while the younger man denies any sexual activity with the complainant.

In a second interview, gardaí told the younger man that the complainant made a statement in which she said that she remembered the two men “swapped over”.

The accused told gardaí “that’s a lie”. He said the woman was kissing the other defendant, not him.

“I did not have sexual contact with [the complainant]. [Her friend] was holding my penis, but I don’t think I came,” he said.

Asked if there would be any reason why any of his semen would be found on or in the alleged victim, the accused said “no, not at all”.

Gardaí showed the man mobile phone video footage of the complainant staggering in the flat and being lifted up off to the bathroom floor by the two defendants. At one point the complainant’s friend is heard saying “we are in bad position”.

The accused told gardaí that if there was a problem why did the friend not call police or leave.

“If she wanted to leave we would have co-operated. If there was a problem why did her friend not call police? Why is she videoing (sic)?”

He said he asked the complainant’s friend why she didn’t help her friend instead of recording the video footage.

“I think that, taking of the video, they knew what they were up to. They wanted to get us in trouble,” he told gardaí.

He said if he had done something bad he would not have used his car to take them home.

“I have a little sister and I would not like that to happen to a female. If someone did that to my sister I would go mad.

“I have a wife, if I want sex. Going out that night sex wasn’t my intention, just to have a good night, whatever happens happens,” he said.

The jury heard that the man’s first garda interview began at 1.37am. When asked at the start of the interview if he wished to have a solicitor present the man said yes.

Gardaí then clarified with him that they meant did he want a solicitor present for the interview and he replied “Like now? No”. Gardaí then told him if at any time he wished to have a solicitor present or to consult one this would be provided.

The trial continues before a jury and Judge Alex Owens.

About the author:

Declan Brennan

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