Alleged rape victim told jury she was too drunk to consent to sex

Alleged rape victim told jury she was too drunk to consent to sex

An alleged rape victim has told a jury at the Central Criminal Court that she was too drunk to be able to consent to sex.

The woman was a student when she was allegedly raped by the two defendants in February 2015.

In a trial that began last week the men, who have a legal entitlement to anonymity, have pleaded not guilty to two counts of rape of the woman in a town in county Donegal

The defendants are now aged 29 and 33 and are residents of Donegal. The complainant is now aged in her 20s.

In her direct evidence she told Seamus Clarke SC, prosecuting, that she and a female friend had spent the night at a “student night” in a local pub and nightclub.

She said she had drunk a number of vodka drinks, a cocktail and cider. She said they were given free “Jolly rancher” shots and used a drinks voucher won in a “pub quiz” to buy eight vodka and red bulls, some of which she remembers drinking.

The woman said when she and her friend left the nightclub she was “very intoxicated”.

She said she and her friend were walking home when they came on two men sitting in a parked car. The woman said her friend spoke to the men and then told her “we're gonna get a lift home”.

The complainant said when they drove for about ten minutes before entering an apartment she didn't know. “I remember being quite drunk and staggering up the stairs, I couldn't walk properly,” she told the jury.

She said she and her friend were hungry and didn't want to drink any more and wanted to get food. The men gave them a drink which she believed was vodka.

“I was very intoxicated. I was ready to pass out and fall over,” she told the jury. She said on a scale of one to ten of drunkenness she was ten.

VIDEO FOOTAGE

Video footage, taken on a mobile phone by the complainant's friend shows the women in an apartment with two men. Later footage shows the woman falling on the bathroom floor, exposing her underwear, before two men hold her up.

The complainant identified herself on the footage and told the court it showed both men carrying her to the bedroom. She said she remembers lying on a bed and someone heavy on her and then something inside her vagina.

“I was half way between sleep and drunkenness. I didn't know if it was a dream or if it was actually happening”.

She told the jury that she and her friend woke up in the apartment the next morning and began watching the mobile phone. She said that one of the men told her to delete the footage and was blocking the door out of the apartment.

She said she lied and told the man she had deleted the footage and he then offered to drive them back to their flat in the town.

The defence position is that any sexual activity that took place was consensual. The trial continues before Justice Alex Owens and a jury.

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