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08 Aug 2022

Jury acquits man of raping a 14-year-old girl in a derelict building in Kildare

Jury acquits man of raping a 14-year-old girl in a derelict building in Kildare

Jury acquits man of raping a 14-year-old girl in a derelict building in Kildare

A jury has acquitted a man of raping a 14-year-old girl in a derelict building.

The man (21), who cannot be named for legal reasons, was aged 17 when he allegedly raped and sexually assaulted the girl during a game of truth or dare.

The man had pleaded not guilty before the Central Criminal Court to counts of sexual assault, anal rape and defilement of a child at a derelict site in Co Kildare on May 14, 2016. He has no previous convictions.

The counts of anal rape and defilement were alternative charges relating to the same incident.

On the fifth day of the trial, the jury returned verdicts of not guilty on all three counts. The verdicts were by majority in the case of the counts of sexual assault and anal rape and unanimous in the case of the count of defilement.

During the trial, the now 18-year-old complainant gave evidence that she had gone to a derelict site with the accused and played a game of truth or dare.

She said that at that stage she thought that “you only have one word and you keep your word”. She said the accused dared her to touch his penis, which he removed from his clothing, and she did.

The complainant said they continued playing truth or dare and that after enough time passed when she thought he would not ask her anything “weird” again, she picked dare again. She said the accused dared her to let him hug her.

She said that considering what had happened previously she thought this was much better. She said he hugged her from the front and rubbed his penis through his clothes on the general area of her vagina through her clothes.

The complainant said she told him to stop and he did not answer her back. She said she tried to push him off her, but he was physically stronger than her and she got scared and let him do it.

She said she was shaken afterwards and pretended it did not happen. She said they continued playing truth or dare and that she again thought he would not ask her anything “weird” and she picked dare.

The complainant said he dared her to let him hug her from behind. She said that while he was doing this she felt her shirt pull up, then her pants were pulled down and that she felt a sharp pain as the accused put his penis inside her anus.

The complainant said felt “horrendous pain” after the alleged events which was the most amount of pain she had ever had. She said the accused had “a big grin” on his face that she would never forget.

The complainant rejected the suggestion of Dominic McGinn SC, defending, that she had sought the man out, asked him to go to the derelict site and suggested that they do something “more risky or naughty”.

Mr McGinn suggested to her that she was terrified that her father would find out about what happened and that was why she was saying the accused man did things without her consent. She rejected this.

Mr McGinn told the complainant that his client's instruction were that he did not pull down his trousers, he did not ask her to touch his penis and she did not do so. The complainant replied that it did happen.

Mr McGinn put it to the complainant that she suggested his client take down his clothes, that the man hugged her from behind, ejaculated without penetrating her and that this was all done with her agreement. The complainant said that was not true.

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