This article contains references to rape and sexual assault involving a minor. Reader discretion is advised.
By Eimear Dodd
Two men and a woman have gone on trial at the Central Criminal Court accused of the sexual abuse of a young girl.
The complainant’s mother, her uncle, and another man face a total of 21 counts of sexual assault and rape, which allegedly occurred on dates between 2000 and 2014, mainly at the family home within the State.
The three defendants cannot be named for legal reasons. They deny wrongdoing and have pleaded not guilty to all charges.
The complainant’s mother, who is in her 50s, has pleaded not guilty to 13 counts of sexual assault on dates between 2000 and 2009, and between 2012 and 2014, primarily at the family home.
She also pleaded not guilty to one count of rape, in that she facilitated the rape of the complainant by her uncle.
The complainant’s maternal uncle, who is in his 40s, has pleaded not guilty to five counts of rape and one of oral rape on dates between 2003 and 2012, all at the same family home.
A second man, aged in his 50s, has pleaded not guilty to one count of oral rape between 2008 and 2009 at the same address. The jury has heard he was a friend of the accused woman’s then partner.
Prosecuting senior counsel Anne-Marie Lawlor SC told the jury they must use their common sense to assess evidence during the trial and must consider each charge faced by the defendants individually.
She said this case involved allegations of child sexual abuse and that cases of this nature do not tend to happen “beneath CCTV” or in places where there are witness, but “behind closed doors” and “in secret”.
Prosecuting counsel outlined that the complainant lived with her mother and other adult relatives as a young child. She said they would hear that alcohol was a factor for adults in the household.
Ms Lawlor said the girl shared a room with her mother until she was approximately eight years old.
It is alleged that the complainant’s mother first sexually assaulted her when she was three-and-a-half. The mother is alleged to have told the girl this was to be their secret.
Prosecuting counsel said the complainant is expected to say that her mother continued to sexually assault her until she was about 12. The mother sexually assaulted the girl for a final time when she was about 15.
Ms Lawlor said the prosecution’s case is that the girl was around six when she was first raped by her uncle.
She told the jury that the mother allegedly brought the complainant to her uncle’s bedroom and was present while he raped her.
Ms Lawlor told jurors that the law states that someone who “aids and abets” the commission of an offence can be tried for that offence.
She said that the prosecution case is that the complainant’s uncle allegedly performed the physical act of rape and that this was “facilitated” by the woman.
It is also alleged that the complainant’s uncle raped her on other occasions, including an incident of oral rape when she was around eight years old.
Ms Lawlor told the court that the second man was a friend of the woman’s then-partner. When the girl was about 11, he allegedly orally raped her, telling her afterwards “your mother knows”.
Ms Lawlor suggested to the jury that the issue of consent may be less relevant in this case as a child under 15 cannot give consent. She said the defendants say these events did not happen.
The trial continues before Ms Justice Eileen Creedon and a jury.