Courts / Donegal / Report

Gardai told rape accused that footage showed him "pouring drink" into complainant's mouth

Date
2019-10-24

Stage
Trial

Primary locality
Donegal

County
Donegal

Summary

A 33-year-old Donegal man accused of rape has denied allegations that gardaí presented video evidence showing him pouring alcohol into a woman's mouth at his apartment in February 2015. The defendant and a 29-year-old co-accused, both from the county, have pleaded not guilty to two counts of rape. During trial at the Central Criminal Court, gardaí played mobile phone footage to the jury allegedly depicting the accused assisting the complainant to drink and later lifting her off the floor while she staggered. The accused maintained during garda interviews that the woman consented to sexual activity and was not intoxicated at that time, though acknowledging she appeared unsteady in the recorded footage. Gardaí suggested to him that the complainant was too intoxicated to consent, which the accused denied. When questioned about the legal definition of rape, the accused stated it involved forcing someone, initially appearing uncertain whether intoxication prevented consent. The trial before Justice Alex Owens continues with jury evidence ongoing.

Who, what, where, when and why

What: Report matter: Gardai told rape accused that footage showed him "pouring drink" into complainant's mouth. Charges or matters: two counts of rape of the woman in a town in the county in February 2015. Procedural stage: trial

When: