I had consensual sex with elderly aunt, claims rape accused

A man accused of raping his 71-year-old aunt at knife point for three hours has told a court they had consensual sex on a number of occasions.

I had consensual sex with elderly aunt, claims rape accused

A man accused of raping his 71-year-old aunt at knife point for three hours has told a court they had consensual sex on a number of occasions.

The 51-year-old accused, who cannot be named to protect the identity of the now 73-year-old woman, has pleaded not guilty at the Central Criminal Court to two counts of rape, sexual assault and sexual assault while armed with a knife in her Co Louth home on March 13, 2011.

Today, the accused told his defence counsel Padraig Dwyer SC defending that he and the complainant had sexual relationships, which started in 2003 that he described as a time of “moral weakness”.

He said they had intercourse when he was 40 and the complainant was 60 saying: “I don’t think age is an issue”.

“When I was finished I used to give her a hug and all on the way out,” he said.

The accused said that on one occasion when he called around to visit her she was a bit down. He said when he got up to give her a hug her gown became loose.

“I looked at her, she looked at me and she took my hand and she put it on her breast,” he said.

The accused said they had sex a number of times after that but said it was “normal sex”.

Mr Michael Delaney SC prosecuting put it the accused in cross-examination, that bruising was found on the complainant’s vagina.

The accused said there was no photographic proof of that but then said: “This happens in intercourse.”

It was put to him that when he learned gardaí were coming to see him he had prepared a statement and that he had time to think about the allegations but he replied: “I had 20 minutes to prepare this statement”.

He said he had a moment of clarity and said to his aunt: “This is wrong - this is not right”.

He said his aunt asked him not to tell anyone about the relationship and she threatened him.

He told the court she said: “If you do that, I’ll f***ing destroy you”.

He said he denied all the charges, that he was the only victim in the court and that the allegations were made to destroy his reputation.

Exhibits officer, Garda Paul Connolly, told Mr Dwyer that the clasps on a bra that the woman was wearing at the time do not appear to be damaged.

The jury also heard that when the accused was charged with the offences last year he answered: “I am not guilty” to each one.

Scenes of Crime Examiner, Garda Aidan Hanlon, told Mr Delaney, that the woman was visibly shaken and distressed when he arrived on the scene.

He said he had been informed that an alleged rape had occurred in the woman’s bedroom and had been sealed off and preserved.

Gda Hanlon said he concentrated his examination on the bedroom and took a duvet, top sheet, three pillow cases and items of clothing which the woman said she had been wearing. He said he recovered the clothing from the bottom of the bed.

He said he recovered a tub of butter from the floor on the right hand side of the bed.

The woman had earlier told the jury that her nephew had come into the bedroom carrying a tub of butter in the middle of the assault.

She said he had used the butter through the rape but she didn’t know whether he then used the butter on her or himself.

Gda Hanlon confirmed that he also took a panic alarm from the dresser in the bedroom after he had been informed that the alleged rapist had handled it. He also recovered a wooden handled knife from a shelf in the bedroom.

He identified all these items to the jury and told Mr Delaney that he handed them all to the exhibit officer in the case.

Gda Hanlon agreed with Mr Dwyer that there was the “potential for the recovery of fingerprints and DNA” from the alarm, knife and butter tub.

He further agreed that there is no fibre evidence, DNA evidence, or fingerprint evidence from the bedroom in the case.

Gda Hanlon accepted that the accused’s fingerprints were not found on the knife, the butter tub or the alarm.

He refused to accept a suggestion from Mr Dwyer that he should have subjected the woman’s bedroom to a more rigorous forensic testing and said he was satisfied he had carried out the necessary tests.

The trial continues before Mr Justice Garrett Sheehan and a jury of six men and six women.

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