Man goes on trial for 2019 rape of Spanish tourist

This article contains references to rape. Reader discretion is advised.

By Eimear Dodd

A man has gone on trial accused of raping a Spanish tourist in Dublin City Centre on New Year’s Day six years ago.

The 33-year-old man pleaded not guilty at the Central Criminal Court to one count of rape on January 1, 2019. He can’t be named for legal reasons

Opening the case, senior prosecuting counsel Tony McGillicuddy told the jury that the complainant, a Spanish tourist, had come to Ireland to celebrate New Year’s Eve.

She and a friend were in the city centre to see the fireworks on December 31 and at some point after midnight, they became separated.

He said the woman recalls being in a shop, where she bought food, then feeling ill and vomiting.

Outside the shop, she was approached by a man – the defendant – and during their conversation, she told him she was lost and asked for his help to get to a certain bar.

She walked with the man and, as she was feeling tired, leaned against him. She then found herself in an area with broken paving with the man, but didn’t want anything to happen, Mr McGillicuddy said.

Prosecuting counsel said the woman “remembers being held tightly”, and the man kissing and touching her.

Mr McGillicuddy said the prosecution case is that the man had non-consensual sex with the woman around 2am. Counsel said the complainant didn’t consent to sexual activity and was unable to consent due to the effects of alcohol or another drug.

Mr McGillicuddy said the woman felt “disgusted”, “uncomfortable” and pulled away from the man afterwards.

The jury was told it would see CCTV footage of the woman’s movements on the night, her interaction with the man and their walk to a street in the Dublin Castle area where it is alleged the rape took place.

After the alleged rape, the man later walked with the woman towards O’Connell Street, where they parted.

Prosecuting counsel said the complainant fell into the company of two others – a man and woman – around 3am in the O’Connell Street and they joined her while she looked for her accommodation.

At some point, the second woman left and the complainant remained in the company of the second man. They went to a hotel and ended up kissing. There was then some sexual activity between the complainant and this second man around 5am.

Counsel said the woman remembers this man attempting to penetrate her anally, but didn’t think he did.

He said she got dressed, went to an apartment block but couldn’t get in and was ringing her friend.

Counsel said the woman later went to hospital and medical staff made a report to gardai.

Mr McGillicuddy said when gardai spoke to the woman, she alleged she had been raped by two men.

He told jurors that the Director of Public Prosecutions had only brought charges against this defendant and “no charge has been brought against the second man in relation to sexual activity” at this stage.

He continued that they are “not being asked to make any determination” in relation to the second man.

The defendant was arrested by gardai in late January 2019. When interviewed by gardai, he said the sexual intercourse had been consensual.

Mr McGillicuddy submitted to the jury that the “key issue in this case is whether the complainant was consenting to sexual intercourse on the night in question” with the defendant.

He told jurors that they must leave prejudice and sympathy aside and approach the case in a “cool and detached manner”.

The trial is expected to last for a week and a half and continues before Ms Justice Caroline Biggs and the jury.