Courts / Donegal / Report
Complainant's injuries "not consistent with voluntary sexual encounter", prosecution tell jury
Summary
A jury at the Central Criminal Court has heard closing arguments in the trial of a nineteen-year-old accused of raping and orally raping a sixteen-year-old girl in Co Donegal in March 2016. The prosecution submitted that injuries sustained by the complainant to her head and genital area were consistent with a violent and forced sexual encounter, contrary to the accused's account. Counsel for the prosecution stated the complainant had remained consistent in her assertion that she had not consented to either act in the alleyway incident. The defence challenged the reliability of the complainant's recollection, noting gaps in her memory and questioning her account given the alcohol she had consumed that night. Defence counsel also referenced CCTV footage showing the teenagers together after the alleged incident and submitted that the complainant's DNA on a condom wrapper supported evidence of digital penetration. The accused denies both charges. The trial before Ms Justice Deirdre Murphy and a jury continues.
Who, what, where, when and why
What: Report matter: Complainant's injuries "not consistent with voluntary sexual encounter", prosecution tell jury. Procedural stage: trial
When:
- March 18, 2016 Other
- 2018-07-16 Publication
Why: 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. CNI source report
Case subjects
Accused
Places mentioned
- Central Criminal Court
Topics
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