'They were telling me I was going to give them head. I did not want to' says alleged victim, 17, in Christmas party trial

*READER DISCRETION IS ADVISED"

A 17-YEAR-OLD was told she was going to give three young men “head” at a Christmas party and they would “see who I gave the best head to”, a trial has heard.

The alleged victim, who fought back tears in the witness box this Thursday afternoon said that later on the night in question one of the young men “stuck his fingers inside my vagina”; another man rubbed her clitoris area in a circular motion outside her pants, while the third was “exposing himself, touching himself and making it erect”. 

The court heard that all three accused “exposed themselves”. The complainant said she told them: “I don’t want to do anything”.

The trial commenced at Limerick Circuit Criminal Court on Tuesday with a jury of seven women and five men being sworn in before Judge Dermot Sheehan. Prosecuting barrister John O’Sullivan, instructed by State Solicitor Padraig Mawe, gave his opening statement to the jury.

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

This Thursday morning, Mr B and Mr C pleaded guilty to one count of intentionally engaging in offensive conduct of a sexual nature. Mr O’Sullivan said the pleas of guilty by Mr B, aged 18 at the time, and Mr C, aged 17 at the time, are acceptable to the prosecution and the State will not be proceeding with the sexual assault charges against Mr B and Mr C. The two men were released on continuing bail to appear before a sentencing hearing on Friday, March 8.

Judge Sheehan said he had accepted an amendment to the indictment by the DPP to add a further charge against Mr A. He was arraigned before the jury on one count of intentionally engaging in offensive conduct of a sexual nature. Mr A said: "Not guilty".

Mr O'Sullivan said the State will not be proceeding with the charge of sexual assault against Mr A.

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

The alleged victim, now aged 23, took the stand this Thursday afternoon. She said prior to going to the Christmas party in December of 2017 she and friends had pre-drinks in a house. She said she had two / three Captain Morgans and finished a friend’s drink.

They went to the Christmas party after 8pm and some time later one of her friends had too much to drink. The alleged victim said she went up to the bar to get food for her for “soakage”.

“Mr B put his hand on my lower back. I was a bit taken aback. He said ‘look at that’. Mr A had his penis out through his zipper. He was waving it around in a circular motion,” she said.

Prosecuting barrister Mr O’Sullivan apologised for asking but said it was a court of law and asked “was it erect?” “No,” she said.

READ MORE: No inquest into death of Limerick dad stabbed in UK

The woman said she went back to her friends with the food but they had gone from where she left them. 

“I walked around. I met one of the lads (not one of the defendants) and he brought me a drink. I went to the smoking area to try and find my friends. I couldn’t see them. I went back inside. The barman was cleaning up. The night was finishing up. 

“I was on my phone trying to contact my friends. I heard my name called. Mr C and Mr A were standing at the door. I said I was looking for my friends. They said they were outside in the smoking area. I got up and grabbed my clutch. Mr C grabbed me by the right hand and led me out,” she said.

On the way she saw a woman wearing a silver, sparkling dress and complimented her dress. 

She said they (the accused) told her all the good people were around the back. 

“When we turned the corner I immediately began to panic. There were less lights and less people,” said the alleged victim.

She said she fell as she was wearing high heels, the ground was uneven and she was tipsy. Mr A picked her up under her armpits.

“Mr C interlinked my arms. We came to a wall and I was placed up against the wall by Mr C.

“Both Mr A and Mr B exposed their penises. Mr B said I was going to give them all head and they would see who I gave the best head to. I went into a state of panic. I started to come up with excuses. I said Mr A and Mr B had girlfriends,” she said.

Mr C was fully clothed and didn’t say anything.

Mr O’Sullivan asked her what “giving head” related to? She said “oral sex”.

“Did you do or say anything to indicate you were agreeable to this?” asked Mr O’Sullivan. “No,” she said.

“Mr A and Mr B left. Mr C came close to me. He started talking to me initially. He started to kiss me. He put his hand outside my crotch. I became very panicked. I said 'what are you doing?' He said 'don’t worry about it'. 

“Mr A and Mr B came around the corner and someone said “wahey” in relation to me and Mr C kissing. Mr C stepped away from me and rejoined the other boys. Mr A and Mr B had their penises exposed. Mr B pulled on my belt to loosen my pants. He put his hand inside my pants and underwear. He stuck his fingers inside my vagina extremely forcefully. I moaned in pain. One said, ‘Oh she likes that, doesn't she’.

“Mr C started feeling me outside my pants. He was rubbing my clitoris area in a circular motion. Mr A was exposing himself, touching himself and making it erect,” said the complainant, who added that it lasted “no more than a minute”.

She said she heard her friends calling her name and screamed. She said the young men took off and ran away quickly

“When I saw my friends I immediately started to cry. I was very upset. I fell again. My friends picked me up. My legs were like jelly. I said I didn’t want to do anything,” she said.

The court heard gardai were contacted on January 10 after she told her school chaplain.

Ms O’Hagan, barrister for Mr A, asked the woman if she felt more intoxicated after she went out in the fresh air after the pre-drinks? “No,” she replied.

The defence barrister asked why she didn’t ring her friends after losing them? “I didn’t think at the time. My logic was it’s a small enough place. I was keeping an eye out,” she said.

Ms O’Hagan put it to her that she complimented the girl in the silver, sparkly dress because she wanted to be seen going out with Mr C because he was very popular.

“No. I like disco balls and sequins,” she said.

READ MORE: Boy, 15, is ‘kidnapped’ at county Limerick playground, court hears

Ms O’Hagan put it to her that she drank to excess? “No. I drank consistently but not to excess,” she said.

Ms O’Hagan asked did she kiss Mr C back, did she push him away, did she put her hands on his chest and push him away? “No,” she said.

Regarding Mr A exposing himself, Ms O’Hagan said her client’s version is, “He did not behave in the most gentlemanly fashion but he took it out for the purpose of urination”.

“No. I didn’t hear the sound of urine,” she said.

“Is it a possibility?” asked Ms O’Hagan. “It is a possibility but I didn’t hear any splashing. There was movement like he was trying to make himself erect,” said the alleged victim.

Ms O’Hagan said at no stage did she scream. “No, I was in shock,” she said.

Ms O’Hagan put it to her when she did scream it was after her friends called her name and it was out of fear of her friends seeing her with two men.

“No. By that time they had gone. She was still a distance away,” she said.

Ms O’Hagan referred to the alleged victim telling a friend of one of the accused later that night that, “Your friends tried to f****** rape me”.

“He passed a comment. I was hysterical.  Rage erupted from within. I had over exaggerated in a moment of confusion,” she said.

Ms O’Hagan said it was a lie. “Yes, out of frustration,” she replied.

Under re-examination, Mr O’Sullivan said the issue of consent on the night had been raised during cross-examination. 

“They were telling me I was going to give them head. I did not want to,” she said. 

The trial continues.