A WOMAN whose brother is on trial for rape was awakened by the sound of her husband having sex in the next door bedroom, the Central Criminal Court was told yesterday. The woman in the room with her husband was the alleged victim in the case, the witness told the court.
Giving evidence yesterday, the defendant's sister recalled that she had been sleeping in her daughter's bedroom due to an unhappiness in her marriage. On hearing "moaning" noises, she and her daughter knocked on the bedroom door, which was opened by her husband.
The 29 year old mother of three, who has accused the witness's brother of raping her was lying in the bed. They all went downstairs and had tea.
The alleged victim made the tea, told her to "calm down" and claimed that she had "made up the rape claim she had already made against her brother, the witness said.
The witness's 43 year old brother has pleaded not guilty to rape and sexual assault of the woman on a Donegal mountain lay by on September 4th, 1991.
The witness told defence counsel, Mr Peter Nolan (with Mr Gregory Murphy SC), that she got very friendly with the alleged victim in 1990 and they used to go out on weekends together.
Her husband was working abroad and she got to know another man and went out with him for some months. She broke the relationship off before her husband returned to Ireland, but still felt guilty about the affair.
The alleged victim had suggested she could claim marital rape and "it would be her word against that of her husband". The witness told Mr Nolan that she thought this was a "terrible suggestion".
She decided to go to England in early 1991 to get away to "clear her head", and the alleged victim accompanied her to Belfast International Airport. She was in England until early 1992.
The evening she returned toe Donegal, her husband went out. That night, she stayed in her daughter's bedroom next door to the marital bedroom. Later, she awoke at the sound of the "moaning".
Afterwards, she was given tea by the alleged victim and told to "calm down". The witness claimed that the woman told her the allegation she had made against her brother was not true.
When the alleged victim was cross examined by defence counsel she denied making up the rape claim in conspiracy with her cousin and the accused man's wife to gel their hands on the accused man's property.
She denied that both she and the accused man's wife had had an affair with this cousin. But she admitted having an affair with the accused man's brother in law.
The alleged victim told Mr Edward Comyn SC (with Mr Fergal Foley), prosecuting, that the accused man had beaten her before forcing her to get into his car, driving her up a mountain and raping her.
The trial continues.