Courts / Donegal / Report

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

Date
2019-11-04

Stage
Trial

Primary locality
Donegal

County
Donegal

Summary

At the Central Criminal Court, the trial of two men accused of raping a student in a Donegal town in February 2015 has reached the closing submissions stage. The accused, aged 29 and 33, both pleaded not guilty to two counts of rape. The complainant alleged she was too intoxicated to consent after a night of drinking. Prosecution counsel Seamus Clarke SC argued that video evidence demonstrated the complainant's severe intoxication and lack of consent, noting the older man admitted intercourse while the younger denied it, despite DNA evidence linking him to the incident. Defence counsel Colman Fitzgerald SC and Barry White SC contended the State failed to prove beyond reasonable doubt that the complainant did not consent or that the accused knew she did not. They highlighted potential reasonable doubts regarding the level of intoxication and suggested DNA traces could result from cross-contamination. Mr Justice Alex Owens adjourned the matter, instructing the jury to begin deliberations after he continues his charge tomorrow. The case remains unresolved pending the jury's verdict.

Who, what, where, when and why

What: Report matter: State has failed to prove rape complainant did not consent, lawyers for accused say. Charges or matters: two counts of rape of the woman in a town in the county in February 2015; rape. Procedural stage: trial

When:

February 2015 Hearing Or Sentence
2019-11-04 Publication

Why: She says there was a pause or else a swap and she was again penetrated and she seemed more certain that it was penis because it felt large. CNI source report