A teenage girl who was alleged raped by two boys, aged 13 and 15, in a car at a Christmas race meeting has said that the one of the boys had sex with her without her consent and then his friend jumped in to the back of vehicle and “did the same thing.”
A trial at a sitting of the Central Criminal Court in Cork has heard evidence from the complainant. The young woman is now 18 but was 16 at the time of the alleged offence at Limerick race course in Patrickswell, Co Limerick on December 26th, 2022.
A third teenager, who is now 17 but was 15 at the time of the alleged offence, is charged with aiding the abetting the two youths to commit sexual assault and rape. He also faces a charge of falsely imprisoning the girl. The three young men have entered not guilty pleas.
The girl gave her cross examination evidence by video link on Thursday.
She had previously said in evidence that she met the boys for the first time on the date of the alleged offence when she went to the race course with her friends.
The young girl also previously said in evidence that she had agreed to get in to a car in the car park.
On Thursday, the woman said that the then 13-year-old accused took his pants down in the car and had sex with her without her consent.
She said that she told the teenager that she didn’t want to have sex with him. However, she stated he then raped her. She recalled telling the youth “no.” She also said that she told him she was having her period at the time.
The girl said that she suggested going back to her friends but he proceeded to rape her. She said his friend then got in to the back seat of the car.
“ What happened then was his his friend jumped in and he did the same thing. (Rape her).”
Tom Creed, SC, for the 13-year-old (who is now 15) said his client was of the belief that the sex he had with the girl was consensual. The young woman disagreed.
Mr Creed had asked her if she wanted to “get with” one of the boys and if she had agreed to go somewhere private to kiss him. She confirmed that this was the case.
The girl said that she was after a couple of alcoholic drinks and “wasn’t exactly thinking properly” or as she “usually would.”
Defence barrister Vincent Heneghan, SC, representing the then 15-year-old accused of rape (who is now 17) said that his client admitted having sexual intercourse with the girl but claimed that “it was consensual.”
Mr Heneghan said that his client maintained that complainant had initiated the sexual contact and had taken off her own underwear whilst helping him take off his clothes. The young woman said she disagreed with “the whole story” as laid out.
When asked by Mr Heneghan how many alcohol drinks she had over the course of the day she said that she had more than three but she couldn’t be certain of a number after that.
Mr Heneghan said that the young woman “didn’t appear to be drunk” according to the recollection of his client. The complainant said that she didn’t discuss drinking with the 15 year old who allegedly raped her.
“I didn’t state it. (That she had been drinking). But you could see it in me.”
Dean Kelly, SC, for the prosecution asked the complainant if she had consented to anyone taking off her clothes. She said that she hadn’t consented to the removal of same.
Meanwhile, the jury also heard an official garda recording of a specialist interview with the girl which took place shortly after the alleged incident.
During the interview she said that she was ‘freaked’ by what had happened to her in the car at the racecourse.
She said that when she got out of the car she told her friends what had occurred. They contacted her friend’s mother who brought her back to their house.
Her friend gave her a pair of Mickey Mouse pyjamas and she tried to nibble at some food. She said her own mother was then contacted and she later went to a Sexual Assault Treatment Unit with her parents.
The trial will continue on Friday in front of the jury of nine women and three men and Mr Justice Paul McDermott. It is expected to last for three weeks.
