Brothers describe attacking man accused of raping their teenage sister

Dublin People 20 Sep 2021

By Fiona Ferguson

The brothers of a teenage girl who alleges she was raped by a man who invited her to his house have told a jury that they hit the accused after she directed them to where he lived.

The 41-year-old man, who cannot be named for legal reasons, has pleaded not guilty at the Central Criminal Court to a charge of rape, sexual assault and false imprisonment in a Dublin suburb on August 21, 2017.

The complainant was 15 years old at the time of the alleged rape.

The now 19-year-old, who gave evidence via video link, told the trial previously that she had snook out of her home that night after she had been grounded by her mother.

She said she was alone in her local town when the accused approached her.

She alleges the man raped her after she went to his house.

The girl’s older brother told Patrick McGrath SC, prosecuting, that on waking and finding his sister was not at home that morning he had gone out looking for her.

He said he was out for about an hour, then came home and his parents asked him to make a report to gardaí.

He said the gardaí came to the house and spoke to his parents.

They later got a call to say his sister was at a local garda station. His mother drove a car with him, his then girlfriend and her friend to collect the girl.

He said he asked his sister if she was “ok” when she got into the car and she said “yeah” but was “kinda like mumbling.”

He said his sister later told him back at the family home that she had stayed “in some old man’s house” and that she had been raped.

He said he was upset and asked her where the man lived.

He said his sister directed him to the house. His younger brother and two friends also came, as well as his sister and his then girlfriend.

He said he knocked on the door and a man answered.

He asked the man if a girl had been there and when he replied yes, he said he screamed at the man that was his sister.

He said he punched the man who fell backwards into the house.

He said he followed the man inside and his brother, who also hit the man, came in as well.

He said apart from punching the man he did nothing else. He said they left the house and met up the girls.

Dominic McGinn SC, defending, put it to him that his sister said she had not left the house until 3.45am.

He disagreed with Mr McGinn when he asked him if he could be mistaken that his sister was not there when he awoke at 3am the previous night.

He said he thought she had gone for a walk.

He told Mr McGinn he was aware there had been a row between his sister and parents and that she was grounded. He said while he was out looking for his sister that morning, his mother was trying to call her and no one found his sisters phone in the house.

A second brother told Mr McGrath that he had also gone out looking for his sister when his mother woke him that morning to say she was missing. He said they later got a message to say she was on a train but she was not there when they got to the station.

He said his mother eventually picked her up and brought her home. His mother then went to bed.

The brother said after his sister said she had been raped he picked up a stick and went with his older brother down town. He said his sister directed them and his brother knocked on the door.

He said his brother hit the man and he fell backwards into the house. He said they went into the living room where he swung the stick towards the accused but missed. He punched the man in the face and ribs. He said his brother was also hitting him.

He said the man was still on the floor when they left and during the incident the man was apologising but didn’t say what for.

The former girlfriend of the elder brother said she was with his sister and after the eldest brother knocked on the door she and the teenage girl left the area. She said the boys appeared a few minutes afterwards and they made their way home.

The trial continues today before Mr Justice Paul McDermott and a jury.

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