Jury in Donegal rape trial hears teen's injuries not consistent with voluntary sexual encounter

In his closing speech, at the trial in the Central Criminal Court, prosecution counsel Patrick McGrath SC suggested that the injuries to the girl's head and vagina were “not consistent with a willing, voluntary sexual encounter, but injuries consistent with the violent, unwilling, forced sexual encounter described by the complainant”.

Mr McGrath said the complainant had been “consistent throughout that she never consented to oral or vaginal sex in that alleyway”.

The accused (19) has denied one count of rape and another of oral rape of the then 16-year-old girl outside a building in a town in Co Donegal in the early hours of March 18, 2016.

Mr McGrath referred to the accused's evidence that he held the back of the complainant's head when he realised it was banging off a wall while they kissed. Counsel said this account of how the complainant may have gotten her head injuries was “wholly lacking in common sense”.

He said the girl's vaginal injury was not consistent with digital penetration, as this act was not in her evidence. Counsel added that the accused had not suggested there had been any hurt caused to her in that area.

Mr McGrath said it was a difficult case but that the evidence stacked up against the accused.

Michael O'Higgins SC, defending, went through evidence in the trial during his closing speech and told the jury that the “devil is in the detail” with this case.

He submitted that there were significant gaps in the complainant's memory about what had happened on the night.

He told the jurors that they should ask why the witness was “so adamant that her memory was completely unaffected by the alcohol she consumed”.

Mr O'Higgins suggested that the reason was that if she conceded her recollection had been affected, it would weaken the quality of her account.

He said the complainant's DNA on the condom wrapper supported his client's evidence that there had been digital penetration. He pointed out that if there had been blood around the vagina, it was odd there had been no blood on the condom.

Mr O'Higgins referred to a CCTV recording of the teenagers walking together after the alleged incident and suggested this was “a devastating piece of footage with respect to the credibility of the (complainant).

The trial has heard that a garda filed a report to the Director of Public Prosecutions in which he described how the complainant did not appear to be “overtly upset” in this footage.

Mr O'Higgins asked the jury to consider if it made any sense that the complainant said she engaged in consensual kissing with his client after the alleged oral rape.

The trial has reached closing stages before Ms Justice Deirdre Murphy and a jury of seven men and four women.