Woman insists she is not "reconstructing memories” in family sex assault case

A woman who alleges she was anally raped by her older brother has denied being influenced by allegations made by her sisters.

The now 24-year-old woman was cross-examined about her evidence in the trial of seven men who are accused of familial sexual abuse over a long period of time. She is the third complainant in the case and is to be referred to as Complainant 3 in the reporting of the case.

The woman told the jury on Wednesday, October 15, that she woke up in her bed at the age of 12 to her older brother anally raping her.

Her brother, to be referred to as Accused C, has pleaded not guilty to one count of anally raping her on a date between September 2013 and September 2014.

This man, now 34, is on trial facing a further 49 counts against two other sisters, to be referred to as Complainant 1 and Complainant 2.

His six co-accused, who are aged between 32 and 55, are on trial in relation to a total of 98 counts against them pertaining to Complainant 1, a deaf woman. The abuse against this woman is alleged to have occurred within the State over 17 years from 1996 until 2013.

The seven accused men are her three uncles and four brothers. They deny all the charges against them. None of the parties involved can be named for legal reasons.

Complainant 3 rejected a suggestion from Karl Finnegan SC, defending Accused C, that her recollection of the incident had been affected by allegations made by Complainant 1 and Complainant 2.

She also did not accept his contention that her evidence arose “from reconstructing your memories”, not a “general recollection”.

Mr Finnegan put it to the woman that if this alleged incident occurred, it was not his client. She replied that Accused C “has done what he has done” and “knows what he has done”.

“I seen him, I know it was [Accused C]'s name”, she added.

Earlier, the woman said she did not discuss her allegation against Accused C with her older sister, Complainant 2, before she made her statement to gardai in October 2021.

The woman added that she was aware at that time that Complainant 2 wasn't sure if she wanted to move ahead with her allegations against Accused C.

Mr Finnegan later put it to her that she wasn't telling the truth when she said she hadn't discussed her allegations with Complainant 2 before she went to the gardai.

The woman said she couldn't remember if she had discussed it with her sister.

She added that she was aware her sister had made allegations of a sexual nature against Accused C, but didn't know any details. She repeated that she couldn't remember if she told Complainant 2 about her allegation against Accused C.

The woman accepted Mr Finnegan's suggestion that it is possible that this alleged incident could have taken place when she was ten years old.

In her direct evidence, the woman said she awoke to find her brother behind her, anally raping her. She said the pain woke her, she “squealed in pain” and nothing was said. She said he “started fixing himself up” then left the room and went downstairs.

The woman accepted that she did not mention that her brother was “fixing himself” as he left the room in her garda statement.

She said she didn't know why she didn't tell this detail to gardai, adding that her brother was “fixing himself up while moving” and that everything happened quickly. The woman disagreed with the suggestion that the light from the bathroom would have been insufficient for her to see.

Referring to her evidence that she went to the bathroom where she discovered she was bleeding, Mr Finnegan put it to the woman that she would have required medical treatment. She denied this and said she “didn't say anything to anyone”.

She said she didn't say anything to the sister who came into her in the bathroom. The woman said another sister, who was also sleeping in the same room, didn't hear anything and there was no blood on her nightdress or the bed clothes.

The trial continues before Ms Justice Caroline Biggs and the jury.

As well as the charge pertaining to Complainant 3, Accused C has pleaded not (NOT) guilty to 45 counts against his older sister, Complainant 1, comprising 22 counts of rape and 23 counts of anally raping her over a 12 year period between 2001 and 2013.

He has further pleaded not guilty to sexually assaulting another younger sister, Complainant 2 on a date between 2005 and 2006 along with two counts of rape and one count of anal rape of the same sister between 2016 and 2019.

The jury has been told that Complainant 1 attended a sexual health promotion course in 2017 and told a social worker about alleged abuse by family members, after which gardai were notified and an investigation commenced.

In relation to the counts pertaining to Complainant 1, Accused A (55) – her uncle - is accused of a single count of raping her on a date between December 2009 and April 2011.

Accused B (48) is accused of eight counts involving rape, oral rape and anal rape of the same woman - his niece - on dates between December 2008 and December 2010.

Three younger brothers of the main complainant, as well as Accused C, are accused of sexually abusing her over varying periods of time.

Accused D (33) is accused of 22 counts of sexually abusing his sister over an 11-year period on dates between 2002 and 2013. He has pleaded not guilty to 19 charges of rape and three counts of anal rape.

Accused E (32), is accused of 16 counts of sexual abuse against his sister over an eight-year period between 2003 and 2011. He has denied nine counts of anal rape and seven counts of raping her.

The fourth brother, Accused F (also 32), has denied five counts – three counts of anal rape and two counts of raping his sister on dates between 2007 and 2010.

Another uncle, Accused G (45), has denied a single count of raping her on a date between 1996 and 1997.