Waterford woman 'groomed' by man from the age of 14

Yesterday's evidence heard the allegations before the court, that on a date between January 1st 2009 and December 31st 2010 in the county of Waterford, a single case of sexual assault had taken place in a business premises.

Colman Cody BL for the defense put it to the woman that a consensual kiss had taken place between her and the man, neither of whom can be named for legal reasons. He said the man denies all allegations regarding sexual assault, or any suggestions that he sought sexual favours from the complainant. He specifically denied requesting sexual favours in a secluded carpark in the county of Waterford, or performing a sex act on the woman when she was in an unconscious state in his business premises.

Mr Cody advised the court that when the defendant was interviewed by Gardaí initially in 2022, he gave information and answered questions while being under no obligation to do so.

He said, 'He was asked if he had ever kissed you and he said yes. When asked where, he said on the lips.' Mr. Cody said on reflection, the defendant had said 'it was stupid' but that 'it was a split second' and there was no romantic element to it. The woman denied any such act had taken place at any stage.

During further questioning, Mr. Conor O'Doherty BL for the State, explored the transcript of the defendant's original interview with Gardaí. During the interview, he said, 'There were several drunken incidents.' However when asked by Gardaí if there was ever anything more than kissing taking place, the accused said, 'No, I don't think she wanted anything to do with me.' He added, 'I'd never force myself on anyone.'

Speaking from the witness box, the woman said her father had a problem with alcohol addiction when she was younger. This was something well known in the area, and something she believes was a motivating factor in the accused's actions. Sections of a diary she kept while attending counselling sessions were read out in court. She said it is her belief that she 'was groomed from the age of 14.' She believes now that her 'hectic' and 'chaotic' life at home left her wide open to 'predatory' actions by the man. She reflected on him supplying her and her friends with litres of alcoholic spirits and said it 'wasn't right, knowing you weren't going down the right path.'

The woman's 35-year-old friend gave evidence during today's hearing, where she said the woman confided in her about what had happened. On the night of the alleged sexual assault, both friends were out socialising in a nearby establishment. The complainant left after an hour saying she was going to go home. After the woman left the establishment, her friend searched for her, not realising she was leaving immediately but she didn't find her. That weekend, the woman told her friend the man had given her a drink while she was waiting for a lift home from him and that she 'passed out.' She recalls the woman saying when she woke up, the man was on top of her.'

In her evidence, the 35-year-old said the complainant was 'in bits' telling her what had happened and that she advised her to talk to someone about it. However, the woman said she couldn't tell anyone, that she was afraid of what would happen if people knew.

Mr. Cody queried that if the alleged sexual assault had taken place, why the woman had returned to work in a place she knew she would regularly see the man. The woman felt at the time that to leave her job would mean explaining to people the reason why, and this was something she didn't want to do.

She said 'I panicked, I stayed in the job and it was the best I could do at that time.' Mr Cody noted that people leave jobs, and part-time jobs regularly without raising any suspicions as to why they are leaving- to which the woman said 'this wasn't just leaving a part-time job, it was leaving a part-time job after a sexual assault.'