A man accused of raping his housemate in Donegal has claimed in evidence that he would never risk attacking a woman because the IRA would punish him.
The 38-year-old accused claimed that the woman asked him to have sex with her and led him into her bedroom but later threatened to call the gardai.
He has pleaded not guilty to orally raping and sexually assaulting the 20-year-old woman in a County Donegal house on October 30, 2010.
He denied an accusation by prosecuting counsel that he was engaging in “cheap and disgusting dishonesty” and had “manufactured a script” of the events to suit his own defence.
The accused claimed that if he had attacked the woman the IRA would deport him.
“If anyone steps out of line in Donegal they’d be put out of the country,” he told Mr Desmond Murphy SC, defending. “If I was stupid enough to attack some girl, it wouldn’t be the guards or the PSNI I’d be worried about. Do you think I’d do something like that and risked getting punished by the IRA?”
He told his counsel that he arrived at his rented house and met the woman for the first time in the kitchen. She had recently become a tenant in the house.
He said the woman was upset about a family member who had been involved in an accident and she hugged him. He said this led to kissing before she led him to her room, undressed and said she wanted to have sex with him.
He claimed they were “having the beginnings of sex” when the woman said: “Please don’t kill me.”
He said he was shocked by this and got out of bed. As he tried to get away she grabbed him in a headlock and they both fell to the floor where they struggled for a few minutes, he claimed.
He said she then threatened to tell the gardai that he forced his way into her room and raped her.
The accused told Mr Murphy that he went downstairs and was watching television when the woman sat beside him, apologised and offered to make him something to eat. He said she then told him, “you’re a famous killer” before leaving the room.
The landlady of the house arrived later followed by the gardai who arrested the man. He initially claimed in interview that there was no contact between him and the woman and that he wasn’t even in the house at the time of the alleged attack. He later said there was sexual contact but that it was consensual and initiated by her.
Prosecuting counsel, Mr Bernard Condon SC, asked the accused why he had lied to gardai initially.
The man responded that he didn’t lie, but that he couldn’t explain himself fully because he didn’t have a solicitor present and the interviewing gardai were shouting and screaming at him.
He denied waiving his right to a solicitor at any time. When Mr Condon asked him why he didn’t simply respond “no comment”, the accused said he didn’t know that was an option.
Counsel responded that he was engaging in “a cheap and disgusting dishonesty”.
Evidence has concluded in the case. Mr Justice Patrick McCarthy and the jury of five women and seven men will hear closing speeches tomorrow (Friday).
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