Four men go on trial for rape of 19-year-old woman

One man had been invited to house and woman was surprised when all four arrived, court told

Pic shows: Court 13 at the CCJ in Dublin where the trial of Graham Dwyer who has pleaded NOT guilty to the murder Elaine O'Hara has opened, Thursday 22-01-2015.
Pic: Collins Courts.
Gardaí recovered CCTV of one of the accused's car at a shopping centre with the other three co-accused getting in and at then at the estate where the woman lived. Photograph: Collins Courts.

Four men have gone on trial at the Central Criminal Court accused of raping a woman at her home five years ago.

The men, who have addresses in Dublin, are alleged to have raped and sexually assaulted the then 19-year-old woman after she asked one of the men to come to her home.

Reporting restrictions apply to the identity of all participants in the trial.

The first accused, aged 25, has pleaded not guilty to oral rape and sexual assault. The second accused, also aged 25, has pleaded not guilty to rape and sexual assault. The third accused, aged 23, has pleaded not guilty to two counts of rape, one oral rape and a sexual assault.

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The fourth accused, aged 24, has pleaded not guilty to two counts of rape and a sexual assault.

All of the alleged offences occurred at the woman’s home between December 8th and 9th, 2018.

In her opening, Anne Rowland SC, prosecuting, in outlining the evidence that will be called, told the jury that the young woman was to be alone that evening at her family home and did not wish to be.

She asked a friend to come over but he was unable to and she then asked the first accused, whom she knew through friends, to come to her house. He had been to her home a number of times.

There was communication throughout the day and the first accused drove down to her home, stopping to pick up his three co-accused on the way. He arrived after 11pm at the woman’s home.

Ms Rowland said the woman will say she was not expecting four people to arrive.

The men and the young woman initially had some drinks downstairs before going up to the woman’s bedroom as it was cold. The men were chatting in their own language.

The woman went to the bathroom, took some more drink and did not feel great.

Ms Rowland said that in the bedroom, one of the men pulled the woman’s trousers down and slapped her on the bottom and the other three joined in. She said the woman will say it was sore and she asked them to stop.

Counsel told the jury that the prosecution say slapping in such circumstances was a sexual assault.

Ms Rowland told the jury they will hear that two men left the room after the slapping. One man then forced his penis into her mouth and she was also forced to have sex with one of the men.

Counsel said the woman went again to the bathroom but was pulled out and into her mother’s room where she was raped by two men. She went to the bathroom and was again pulled out.

She said they will hear one accused put his penis into her mouth before leaving the room. Another man locked the bedroom door and had sex with her against her will while wearing a condom.

The men arrived in the estate at about 11.15pm and left the area at 12.45am, the court heard.

Ms Rowland said after they left, the woman called a friend and together they contacted gardaí. She was brought to a Sexual Assault Treatment Unit and swabs taken from her genital area.

The swabs were analysed and DNA samples were taken from the four accused men.

Ms Rowland said they would hear the first accused man’s DNA was found on a duvet cover and sheet. The second accused man’s DNA was found on a swab from the woman.

The third man’s DNA was not located. The fourth accused man’s DNA was found on swabs from the woman and on the condom.

She said that the first accused man initially told gardaí he knew the woman, but he had not gone to see her that night.

Gardaí recovered CCTV of his car at a shopping centre with the other three co-accused getting in and at the estate. He subsequently gave another interview saying he had been there with the other men and that the young woman had performed oral sex consensually, the court heard.

She said the second and third accused both told gardaí the woman had performed oral sex on them voluntarily.

The fourth accused told gardaí he did not know the woman and had not been at the location. After gardaí made him aware his DNA had been found, he said he had been there and the sex had been consensual, the court heard.

Ms Rowland told the jury this was the evidence she anticipated it would hear.

Mr Justice David Keane earlier asked the jury not to do any research on the case or allow themselves to be influenced by media reports.

He told the jury they should not let sympathy or prejudice in respect of any of the participants in the trial cloud their individual or collective judgements.

The trial will continue before Mr Justice Keane and a jury of six men and six women on Monday.