Courts / Donegal / Report

Underage person could not consent to sex even if they "appeared to be an enthusiastic participant", judge tells jury

Summary

A jury at the Central Criminal Court has begun deliberating in a rape trial involving two teenagers at a nightclub in County Donegal on 23 December 2010. The accused, now 20 years old, pleaded not guilty to rape and sexual assault of a 14-year-old girl. Justice Margaret Heneghan instructed the jury that a person under 15 cannot legally consent to sexual activity, regardless of apparent willingness. The complainant testified she was pushed into a toilet cubicle where the accused restrained her against a wall and raped her. She stated she did not consent and asked him to stop and release her. The defence suggested consensual contact that escalated, which the complainant denied. The accused told gardaí he had no recollection of being in the female toilet. The jury of seven men and five women commenced deliberations following the judge's charge.

Who, what, where, when and why

What: Report matter: Underage person could not consent to sex even if they "appeared to be an enthusiastic participant", judge tells jury. Charges or matters: the rape and sexual assault of the girl at a nightclub in a Co Donegal town on December 23, 2010. Procedural stage: trial

When:

• December 23, 2010 Incident
• 2016-01-14 Publication

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report