Jury in sexual abuse trial told counsel need to adapt how they communicate with deaf complainant
Isabel Hayes
A jury in the trial of seven men accused of sexually abusing a deaf family member has been told counsel in the case needs to adapt the measures with which they communicate with the complainant.
The woman, who is deaf, was giving evidence on Tuesday at the Central Criminal Court trial in relation to one of her uncles, referred to as Accused B.
This man (48) is accused of eight counts comprising rape, oral rape, and anal rape of the complainant on dates between December 2008 and December 2010. He has denied the charges.
Seven men, aged between 32 and 55, are on trial accused of a total of 98 counts of sexually abusing her at various stages over a 17-year period between 1996 and 2013. They are her three uncles and four brothers.
One of the woman's brothers is also accused of four counts of sexually abusing another sister and of anally raping a third sister.
The men deny all the charges against them. None of the parties involved can be named for legal reasons.
The woman is giving her evidence via videolink and through two interpreters – an Irish Sign Language (ISL) interpreter and a deaf relay – as well as an intermediary who is a linguistics expert.
There are also two interpreter monitoring teams present in court to ensure the woman is being interpreted correct.
Under questioning from Roisin Lacey SC, prosecuting, on Tuesday, the woman said there were four alleged incidents involving Accused B.
She said one rape occurred on New Years Eve 2013, when she said he had sex with her and she told him no. “I had told him no, I told him fuck off, but I felt like I was stuck,” she said.
She said she told nobody about what happened. “I kept it confidential.”
When asked if this happened more than once with this uncle, the woman replied: “Yes. It was a little but annoying and a little bit stressful.”
When asked about another incident involving this man, the woman said the man had put his “dick” inside her “ass”, again in her grandparents' house. She said it was very painful and she told him to go away.
“I was frozen and it was like he was grabbing me,” she said.
The complainant was provided with visual timelines to tell the jury when she believed this incident occurred. One timeline which was shown to her related to her getting the contraceptive bar in her arm at the age of 16, with symbols showing 'before' and 'after' this event.
Prior to the complainant starting her evidence earlier this month, the jury was told by Ms Justice Caroline Biggs that visual timelines would be used in the trial as the complainant has challenges communicating timelines in terms of calendars and sequence.
The jury was told that “while (the complainant) has the ability to understand it, she doesn't have the vocabulary or linguistic ability to convey it”.
Using the contraceptive bar chart on Tuesday, the complainant said she got the bar first (before the alleged anal rape occurred). She agreed with Ms Lacey that she was 16 when she got the bar in 2004.
“Using the chart can you tell us what age you were when (your uncle) put his dick in your ass,” Ms Lacey asked. The complainant replied: “16.” When asked if the alleged incident occurred at the same age as when she got the contraceptive bar, she replied: “Yes.”
She told the trial about a third alleged incident in which she said her uncle raped her in his bedroom in her grandparents' house. She said she was standing up at the time and he was “very rough”.
Looking at the timeline, she said this incident happened “before” she got the contraceptive bar. When asked what age she was at the time of the alleged incident, she said she was 16.
The court then heard there was a “concern” the complainant hadn't understood the question.
Ms Justice Biggs told the jury that she needed to send them home for the day. “You may recall before (the complainant) gave her evidence, I explained the special measures put in place to assist the witness with difficulties in communication,” she said. “Now you've seen that difficulty in its practical form.”
She said counsel was going to “regroup” to adapt its questions and methodology, taking a collaborative approach “to ensure we are using the best measures going forward”.
The trial, which is expected to last four months, continues before an extended panel of 15 jurors.
Accused A – the woman's 55-year-old uncle - is accused of a single count of raping her on a date between December 2009 and April 2011.
Four of her younger brothers are accused of sexually abusing her over varying periods of time.
Accused C (34) is accused of 45 counts – 22 of rape and 23 counts of anally raping her over a 12-year period between 2001 and 2013.
Accused C is further charged with the sexual abuse of two of his younger sisters. He is charged with one count of sexual assault in relation to one sister, Complainant 2, on a date between 2005 and 2006 when she was a child. He is also charged with two counts of rape and one of anal rape of this woman on dates between 2016 and 2019.
He is also charged with one count of anally raping a third sister, Complainant 3, on dates between 2013 and 2014.
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.
