A third complainant has told the trial of a man accused of sexually assaulting six young men that he felt he was “looking down on myself and not being able to react,” after he woke to find the accused man allegedly assaulting him.
The 59-year-old man, who can't be named for legal reasons, has pleaded not guilty to two counts of sexual assault in relation to this complainant.
Mr Michael O’Higgins SC, defending, put it to the witness in cross-examination that on the night of the alleged offence, there was a group socialising in a friend's apartment, and they were having a good night, to which the witness agreed.
He said that, ultimately, the complainant went to bed and described to the jury waking up to a licking motion on his face and neck. ‘You described elbowing my client seven times,’ said Mr O’Higgins.
The witness agreed that the following morning, his aim was “a get-out-of-room strategy”. The witness said he wanted to “leave without drawing attention” to himself and that he “legged it”.
Counsel put it to the complainant that he didn’t confront the accused the following morning, to which he agreed, “No, I didn’t.” Counsel asked if it would have been better if he had confronted him, to which the witness replied, “I’m a non-confrontational person.”
Mr O’Higgins said that his client didn’t respond to the elbowing and didn’t say anything outwardly, and seemed to be asleep. The witness said, “Outwardly, I would be sceptical that anyone would be able to sleep through seven elbows.”
Counsel put it to the witness that something could have happened while his client was asleep, to which the witness said, “I don’t believe he was asleep. I don’t believe that he could sleep during the elbows. I don’t believe he could be asleep while thrusting against someone, leaving bodily fluid on someone and taking down someone’s boxers.”
Anne-Marie Lawlor SC, prosecuting, asked the witness about the accused man's demeanour while he was supposed to be asleep, to which he replied, “He flinched his eyes, but they remained closed.”
The witness also said, “When I woke up from sleeping, there were a number of seconds where there was utter confusion.” He described it as “being in a state of semi-freeze, and there was no anti-freeze. It was like looking down on myself and not being able to react.”
The accused man has pleaded not guilty to one count of attempted anal rape and eight counts of sexual assault on dates between March 1991 and November 1997 at locations in Co Dublin.
The man was in his 30s at the time of the alleged offences, while the complainants were then aged between 17 and 24.
The trial continues before Mr Justice Alexander Owens and the jury.
