A Co Clare woman has told the Central Criminal Court how she woke up in her home to find her friend's partner having sex with her. She said she at first thought the man was her own partner with whom she had a row that week, so she kissed him back but then discovered it was the accused.
The 26-year-old man has pleaded not guilty to raping and sexually assaulting the 33-year-old woman in a house in a Clare town on May 30th, 2005.
The accused told a friend the next day he might have blanked out after taking ecstasy and could not remember if he "did it". He also told gardaí he blacked out regularly after heavy drinking, but did not think he could have raped the complainant because he had never raised a hand to a woman in his life.
The woman told Pauline Walley SC, prosecuting, that she went to sleep that night with the bedside lamp and bathroom light on because she was afraid of the dark. When she woke the room was dark and a man was on top of her having sex with her. She agreed with Brendan Nix SC, defending, that she told gardaí she was aware earlier that night that a man had got into bed beside her.
He was cuddling her but she thought it was her partner. They did not say anything and she fell back asleep.
She said she could not remember telling gardaí that she reached back and held the man's hand, but she accepted she thought it was her partner and she was glad he was back home after their row.
When she realised it was not her partner, she pushed him off her. She agreed it was not difficult to do so, and her hands were free at all times.
An investigating officer told Ms Walley that the accused told gardaí that he could not recall anything about that night.
The last thing he could remember was leaving the pub that night, and the next thing he could recall was being woken up by gardaí in his girlfriend's home.
When asked by gardaí if it was possible he raped the woman, he replied: "I am not going to say it's impossible because I blanked out, so it is possible."
The accused volunteered blood samples for DNA analysis, and told gardaí that if it came back that his semen was found on the victim, he would say it must not have been rape because he never raised a hand to a woman in his life.
The hearing continues.