Garda Sgt tells rape trial sex was consensual

The sergeant accused of raping a woman in a County Donegal garda station four years ago told senior officers they engaged in consensual sexual activity after she "had her arms around me".

The sergeant accused of raping a woman in a County Donegal garda station four years ago told senior officers they engaged in consensual sexual activity after she "had her arms around me".

The jury at the Central Criminal Court heard that the 55-year-old accused told Superintendent James Gallagher that he didn’t "entice or invite her" into his company at any point during the night.

It was day eight of the trial of the sergeant who denies raping and sexually assaulting the now 25-year-old woman in their local garda station on June 21 2000.

Supt Gallagher told Ms Deirdre Murphy SC (with Mr Sean Guerin BL), prosecuting, that the accused said he had met the woman in their local pub that night and she went with him to the station where he hoped to contact a patrol car to organise lifts home for them.

The accused said in his statement, made on June 24, 2001 that she initiated sexual activity between them. "Before I realised what was happening she had her arms around me," he said in the statement.

Detective Superintendent John McGinley and Inspector Eugene Corcoran gave evidence of the garda investigation which included the drafting of sketches of the area in which she claimed the sexual activity happened.

Insp. Corcoran, pressed by defence counsel, Mr Michael O’Higgins SC (with Mr Peter Nolan BL), in cross-examination, about two different locations given by the complainant for the incident, agreed she had done so but said she had made her first statement on this matter at 4am.

Insp. Corcoran also agreed, following further pressure from Mr O’Higgins, that gardaí had not questioned her on what counsel described as an inconsistency in her allegation.

Mr O’Higgins noted she had originally claimed the incident took place outside the public area of the counter but later said it happened inside the counter.

The hearing continues before Justice Henry Abbott and the jury of six men and six women.

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