Complainant in family abuse trial made allegations against another brother, trial hears

Isabel Hayes

One of the complainants in the familial sexual abuse trial of seven men made a complaint against another brother which she later withdrew, stating it was a “bad dream”, a jury has heard.

The now 26-year-old woman was being cross-examined on allegations that her older brother, who is on trial, raped her on separate occasions when she was 16 and 19, and sexually assaulted her when she was six years old.

Under questioning from Karl Finnegan SC, defending this brother who is referred to as Accused C, the woman agreed that she made a complaint of a sexual nature against another brother to gardai earlier this year.

“The complaint I made was a nightmare,” the woman told the court, adding that she explained this to gardaí. “It was a bad dream that felt real.”

A local garda gave evidence at the trial on Monday, that he received a call to visit the woman in her home in May this year, where she alleged that another brother (who is not on trial) had anally raped her on two occasions when she was aged around 10.

The garda said that the woman was under the influence of intoxicants, which the court heard was her medication. As a result, no formal statement of complaint was taken and the woman was invited to attend the garda station at a later date to make a statement.

When she attended the station the following week, the woman was “a different version of the girl (he) had met,” the court heard. “She refused to talk about anything to do with her previous disclosure,” the garda said. She provided a written statement to this effect, the court heard.

Seven men are on trial in the Central Criminal Court accused of familial sexual abuse over a lengthy period of years.

In relation to this woman, who is referred to as Complainant 2, her older brother (34) has pleaded not guilty to sexually assaulting her on a date between 2005 and 2006.

This man, to be referred to as Accused C, has further pleaded not guilty to two counts of rape and one count of anally raping her between 2016 and 2019.

He is also facing a further 46 counts against two other sisters, to be referred to as Complainant 1 and Complainant 3.

His six co-accused, who are aged between 32 and 55, are on trial in relation to a total of 98 counts against them pertaining to Complainant 1, a deaf woman.

The abuse against this woman is alleged to have occurred within the State over a 17 year period from 1996 until 2013.

The seven accused men are her three uncles and four brothers. They deny all the charges against them. None of the parties involved can be named for legal reasons.

In relation to Complainant 2, the trial has heard allegations that Accused C raped her and anally raped her when she was 16, had been drinking in a pub, went to his house and asked to stay over.

She said she woke up on a bed with her brother forcing himself into her vagina. She said she woke up the next morning naked and on the floor. She got dressed, went home and showered. She said she noticed she was bleeding from her anus.

She agreed with defence counsel that after this incident she continued to visit her brother's house and mind his kids.

In relation to the allegation he raped her when she was 19 in 2019, the trial heard Accused C raped her after they had been drinking in his house and his partner had gone to bed early.

The woman also gave evidence of an alleged incident when Accused C sexually assaulted her when she was about six years old during a game of hide and seek.

She agreed with defence counsel that she did not initially tell gardaí about the allegations concerning her brother. “I only made my allegation when I thought (Complainant 1) wasn't going to be believed so I told them my story,” she said, referring to her older sister who is deaf.

Mr Finnegan put it to the woman that she is “unsure what is real and creative” in respect of the allegations against her brother. The woman replied that “her memories were always very everywhere” adding she always said they were "not 100 per cent”.

When defence counsel put it to her that her brother did not do the things she alleged, she replied: “He did.”

Mr Finnegan further put it to the woman that “suggestions from others” such as Accused C's then partner and her sister, Complainant 1, along with “family issues” may have led her to “create memories in your mind you did not previously have.”

“My memories are mix and match, but what happened happened,” the woman said.

The trial continues before Ms Justice Caroline Biggs and the jury.

As well as the charge pertaining to Complainant 2, Accused C has pleaded not guilty to 45 counts against his older sister, Complainant 1, comprising 22 counts of rape and 23 counts of anally raping her over a 12 year period between 2001 and 2013.

He has pleaded not guilty to one count of anal rape of his younger sister, Complainant 3, on a date between September 2013 and September 2014.

In relation to the counts pertaining to Complainant 1, Accused A (55) – her uncle - is accused of a single count of raping her on a date between December 2009 and April 2011.

Accused B (48) is accused of eight counts involving rape, oral rape and anal rape of the same woman - his niece - on dates between December 2008 and December 2010.

Three younger brothers of the main complainant, as well as Accused C, are accused of sexually abusing her over varying periods of time.

Accused D (33) is accused of 22 counts of sexually abusing his sister over an 11 year period on dates between 2002 and 2013. He has pleaded not guilty to 19 charges of rape and three counts of anal rape.

Accused E (32), is accused of 16 counts of sexual abuse against his sister over an eight year period between 2003 and 2011. He has denied nine counts of anal rape and seven counts of raping her.

The fourth brother, Accused F (also 32), has denied five counts – three counts of anal rape and two counts of raping his sister on dates between 2007 and 2010.

Another uncle, Accused G (45), has denied a single count of raping her on a date between 1996 and 1997.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.