State has failed to prove rape complainant did not consent, lawyers for accused say

Two men accused of raping a college student in County Donegal in February 2015 are on trial at the Central Criminal Court. The defendants, aged 29 and 33 and both non-nationals resident in the county, have pleaded not guilty to two counts of rape. The complainant, now in her twenties, alleges she was too intoxicated to consent following a night out drinking. Defence counsel submitted to the jury that the prosecution must prove beyond reasonable doubt that sexual penetration occurred, that the woman did not consent, and that the defendants knew she did not consent or were reckless as to consent. One defence team argued confusion in the complainant's account and questioned language barriers during gardaí interviews. The other highlighted the complainant's apparent sobriety the following morning and suggested DNA evidence could result from cross-contamination. The prosecution contended video evidence demonstrated the complainant's severe intoxication and inability to consent. Justice Alex Owens will continue charging the jury before they begin deliberations.