The jury in the trial of two Kerry men facing charges of rape and sexual assault has begun considering its verdict.
The two men, who are teenagers but cannot be named, face a total of eight charges relating to an alleged incident in a rural location in Kerry in the summer of 2020.
The complainant, who was 16 at the time, alleges she was raped and sexually assaulted in a wooded area near her home, after drunkenly sneaking out of her house with a female friend.
The Central Criminal Court trial has been taking place before Mr Justice Michael MacGrath in Tralee courthouse.
The first accused, who was described as being in an on-off relationship with the complainant at the time, faces two charges of rape and three charges of sexual assault.
The co-accused, who the court heard was not known to the complainant before the night in question, faces three charges of sexual assault.
The court heard that the complainant and her friend had been drinking at the house with the complainant’s family, and sneaked out when her family had all gone to bed.
They met three men in an area near her house, those being the two co-accused, and a third man who does not face any charges arising from this night.
The court heard the complainant and the two co-accused separated from the other two teenagers, after which the complainant alleges she was raped and sexually assaulted.
The complainant alleges she was also raped by the first accused later in the night, as she had passed out during the intercourse and woke up to him on top of her.
It’s alleged that the co-accused kissed and touched her at another point in the night, and the complainant says she thought it was the other accused who was kissing her.
The complainant gave evidence that she was in no shape or form to give consent to anything that night because of how drunk she was.
The two accused deny the charges, and their respective Senior Counsel claim all sexual activity that happened on the night was consensual and by agreement.
The defence has told the court the complainant and the two co-accused engaged in a consensual threesome, which the complainant may have originally said yes to, as a joke.
Both Senior Counsel for the two accused also claim there is an effort on the complainant’s part to play up the amount of alcohol she drank, and actions such as taking a phone call from her mother and sneaking back into the house after the alleged incidents demonstrate she was in control of her actions.
The jury began its deliberations in the case this afternoon, and will have to reach a unanimous verdict on each count.
