Three young men go on trial for sexual assault at Christmas party in Limerick

THREE young men accused of sexual assault of a woman at a Christmas party have gone on trial at Limerick Circuit Criminal Court.

It is alleged that each of the three men exposed their penis, two of them asked the woman for oral sex and two of the defendants touched her in a sexual way without her consent.

A jury of seven women and five men has been sworn in before Judge Dermot Sheehan.

Prosecuting barrister John O’Sullivan, instructed by State Solicitor Padraig Mawe, gave his opening statement to the jury this Tuesday afternoon.

The three accused, who cannot be named to protect the identity of the alleged victim, will be referred to as Mr A, Mr B and Mr C.

All three are charged with one count of sexual assault at a Christmas party at a venue on the outskirts of Limerick city in late December, 2017.

Mr A, aged 18 at the time, is represented by Erin O’Hagan BL, appearing with Amy Nix BL, instructed by solicitor Sarah Ryan.  

Mr B, aged 18 at the time, is being defended by Colman Cody SC, appearing with Kenneth Kerins BL, instructed by solicitor Julianne Kiely.

Mr C, who was 17 at the time, is represented by Michael Lynn SC, appearing with Eimear Carey BL, instructed by solicitor Ian McNamara.

The alleged victim was 17 on the date in question.

Mr O’Sullivan, in his opening statement, said the party was breaking up after 11pm.

“The alleged victim found herself outside. She went to this area in the belief some of her friends were in the area. She states Mr A and Mr B exposed their respective penises to her and asked her for oral sex, commonly known as a blowjob. It is anticipated she will say she and Mr C began kissing and Mr A and Mr B left.

“Mr A and Mr B returned and it is anticipated she will say all three youths pulled out their penises and exposed them. Mr B and Mr C touched her in a sexual way without her consent. Mr A was present and had his penis exposed. It became apparent there were others in the vicinity. The three youths stopped what they were doing and ran away,” said Mr O’Sullivan.

The barrister said Mr A did not physically touch her but is “just as guilty due to common design”.

“He encouraged and supported them,” said Mr O’Sullivan.

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The court heard that gardai were contacted on January 10, 2018 after the alleged victim spoke to a school chaplain.

Mr O’Sullivan told the jury the three men are entitled to the presumption of innocence and it is the prosecution’s role to prove their guilt beyond a reasonable doubt but not all doubt.

Before Judge Sheehan broke for the day he told the members of the jury not to Google the trial or go on social media.

“If anybody asks what you are up to, tell them ‘I am on a jury’. You can’t say anymore,” said Judge Sheehan.

The trial continues on Wednesday morning.