Woman did not object to having sex, says accused

A MONAGHAN man accused of raping a woman after giving her a lift home from a disco told the Central Criminal Court she did not…

A MONAGHAN man accused of raping a woman after giving her a lift home from a disco told the Central Criminal Court she did not say or do anything 4o object while having sex with him.

The 27 year old man said that after intercourse the woman began to straighten herself up and seemed annoyed. He asked her a blew times what was wrong but she told him to "f... off".

He offered to leave her back to her home but she walked to the house on her own, the accused man told Mr Patrick Gageby SC (with Mr Brendan Mulhall), defending.

He has pleaded not guilty to raping the 24 year old woman in his car just yards from her Co Monaghan home in the early morning of January 23rd, 1995.

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He said that during an hour and a half of kissing, fondling and then sex the woman did not say anything or give any sign of objecting as she had earlier claimed in evidence. She had her arms around him and continued kissing him.

The accused said while being interviewed a day after the alleged incident gardai recorded him as having blurted out "she said no" when asked if she had pleaded "please don't do this".

He claimed two gardai had been walking around him and both repeatedly asked questions. He was responding to a different question when he made his remark.

Cross examined by Ms Maureen Clark SC (with Mr Fergal Foley), prosecuting, the accused said he could not remember what question he had been trying to answer when he made the remark "she said no".

He agreed with Ms Clark that while he had a "fancy" for the woman he never asked her out before the incident. He might have asked her for a date after having sex but could not remember.

He also agreed there had been condoms in his car but he did not use one. He said if a person he was having sex with asked him to use a condom he would do so.

In further reply to Ms Clark, he said it did not occur to him that he had done something he should not have. He did not ask her if they could make love but there was a delay of a few minutes between each action he took.

He said he felt the woman might have made the rape complaint because she felt she had gone too far. He agreed he did not find out before having sex if she had intercourse before.

The trial before Mr Justice Carney and a jury continues.