A MAN accused of raping a mildly mentally handicapped woman told the jury he had consensual sex with her after she pulled him into bed in his house.
He said that he stopped when she complained he was hurting her. While they dressed she asked whether be preferred her or his girlfriend, who was downstairs. The accused man replied that he preferred his girlfriend.
He told Mrs Justice McGuinness and a jury of seven women and five men at the Central Criminal Court that they went downstairs laughing and joking.
Cross examined by Mr Denis Vaughan Buckley SC, prosecuting, the accused man denied he raped her. He said she probably made the allegation because he had told her he preferred his girlfriend.
The man, a 32 year old Dubliner, has pleaded not guilty to raping and sexually assaulting the woman on May 17th, 1991.
Before he began his evidence on the fourth day of the trial, defence counsel Mr Barry White SC read an Eastern Health Board psychiatric report on the alleged victim and a later letter to the gardai from the psychiatrist.
The report was dated October 1st, 1991 and noted the woman had been under treatment for manic depression.
The psychiatrist noted in the report and in his letter of February 5th, 1992 to the Garda that when not receiving her injections, the woman could become "disinhibited, truculent, amorous, rebellious and unco operative." He suggested her judgment would also be impaired.
The psychiatrist added that she was not known ever to have initiated physical contact of a sexual nature.
The accused told Mr White that the woman had been drinking Ritz much faster than his girlfriend and became wobbly on her feet. She asked to see the rest of his house. While being shown his room she fell on to his bed.
His girlfriend suggested she lie down for a while there and partially undressed her.
He and his girlfriend returned downstairs to look at a video. Later his girlfriend told him to waken the alleged victim and the sexual incident happened at that point.
Afterwards she said she was bleeding and made her rape allegation. His girlfriend told her not to be silly and that it was probably her period. Later she apologised.
Cross examined by Mr Buckley, the accused man denied she had "clattered" him as she claimed. He had no memory of being hit by her, and did not remember saying it to his solicitor.
The hearing continues.