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Taxi driver accused of rape is described as “predatory” in trial

A taxi driver accused of raping two different women in his car was described as “predatory” by prosecutors in a court case.

The 50-year-old taxi driver has pleaded not guilty to the rape and anal rape of a woman in June 2022. He also denied raping another woman the following month.

The prosecution is of the opinion that the two young women found themselves in a taxi after a sociable night in Dublin city centre and were raped by the accused.

The man, whose name cannot be disclosed for legal reasons, denies the allegations and claims that all sexual interactions between him and each woman were consensual.

Closing the case on Thursday on behalf of the prosecution, lead solicitor Gerardine Small told jurors it was “inherently unlikely that two young girls would make similar allegations against the same man within a period of six or seven weeks”.

Convincing witnesses

Ms Small advised the jury that both plaintiffs were credible and convincing witnesses. She said that neither woman consented to the sexual activity and that the man must have known this.

She said consent was crucial in this case, adding that neither a sleeping or unconscious person nor a heavily intoxicated person could give consent.

She asked jurors to carefully consider the video surveillance evidence of both incidents, particularly June 6, 2022, the night the first plaintiff was allegedly raped by the man.

She said that the recordings showed that the plaintiff was under the influence of alcohol while walking and that the man had seen this.

She asked the jury to consider why a taxi driver would stop on a busy night if he had not been stopped “for a girl who was obviously under the influence of alcohol” and had not asked the destination.

Vulnerable

She said the man was “predatory.” “He had identified his prey. He knows it is vulnerable.”

She said the man stopped because he was targeting the woman, who was unable to give her consent. “She categorically did not consent. The defendant knew full well that she did not consent.”

Ms Small claimed the man’s version of events that night was “unbelievable”.

Regarding the second complainant, Ms Small said this woman went out and had a few drinks on August 9, 2022. “She wanted to get into her own bed, got in the back of the taxi and thought she was coming home.”

She asked the jury to consider the woman’s statement that she woke up with the man on top of her and moved her head because she did not want him to kiss her. Ms Small told the jury this was a “very vivid memory”.

She asked the jury to consider the man’s statements to police. Ms Small described his claim that the sexual contact was initiated by the young women as “absolutely ridiculous”.

She explained to the jury that the man was a licensed taxi driver and it was his job to bring every woman home safely.

“He didn’t do that because he took advantage of their vulnerability and the fact that the girls were drunk. He took advantage of that and had sexual intercourse without their consent, even though he knew exactly what he was doing.”

Defence counsel Lorcan Staines SC said there was no doubt that his client’s behaviour had been “deeply unpleasant” and acknowledged that jurors might feel “disgust or anger” towards a licensed taxi driver who had failed to fulfil his professional obligations.

Mr Staines told jurors they did not have to decide whether his client was a “good guy”, whether he should be allowed to drive a taxi again or whether his behaviour had been appropriate. He said it was widely accepted that a taxi should be a “bubble of safety” for anyone using it.

He urged the jury to put aside emotions and compassion and examine the evidence dispassionately and objectively.

Mr Staines argued that there was no evidence that either plaintiff had said “no” and, although “a woman does not have to say ‘stop'”, it would be easier for the jury to judge “whether a defendant knew that what was happening was not consensual if some kind of communication” had taken place.

He determined that his client drove a taxi and had a license plate, taxi number and a tracker. His client made no attempts to hide or escape, but drove each woman home.

He asked the jury to consider the evidence of both plaintiffs, as well as his client’s testimony, and to compare it with the plaintiffs’ “independent” video surveillance and examinations at treatment centers for victims of sexual assault.

Mr Staines pointed out that an acquittal did not mean that his client was innocent or had behaved reasonably, but rather that the case had not been proven beyond a reasonable doubt.

“For you to find him guilty as charged, you must be satisfied that this is a man who knew that he had sex with two different women in June and August 2022, both of whom had not consented, and who knew at the time that he had raped those two people.”

Additional copy

In further evidence, three women each said they had consensual sexual intercourse with the defendant in the back seat of his taxi on separate occasions.

One woman said she was at a party in 2018 or 2019 and called a taxi to take her home. She said they kissed outside her house, then the man asked her if she wanted to go somewhere and she agreed.

She said they exchanged phone numbers and had consensual sex several times afterward. The woman said the man “always left the meter on” and she always paid her fare.

She said the man texted her on June 25, 2022, asking if she was on her way, but she didn’t respond. She spoke to him in August because she needed a taxi and he drove her.

A second woman said she was on her way home after a night of drinking in January 2021 when a taxi belonging to the defendant pulled up next to her.

The man asked if she needed a taxi home.

“I told the man I didn’t have any money and he said, ‘Okay, I’m not letting anyone go home alone.'”

She said she was really drunk that night and answered “yes” when the man asked her if she wanted to go out. She said she didn’t know what he meant.

The woman said they had consensual sex and the man took her home afterwards.

She said that the man took her away two more times. Once he asked her again if she wanted to stay outside, but she said no.

The woman said the man texted her several times asking if she was on her way. When she used his taxi, the man did not charge her, but the last time she asked him to turn on the meter because she felt “he expected something from me.”

She said it made her feel so uncomfortable that she didn’t think she would ever call him for a taxi again.

She said she had sex with the man while she was drunk, adding: “If I had gotten into the taxi sober, I would not have had sex with him as he is twice my age and I do not find him attractive.”

A third woman said the man picked her up in 2022 after a night of drinking and they had consensual sex in the back of the taxi. He then took her home and she paid the fare.

In her speech, Ms Small asked the jury to consider whether the evidence of the man’s consensual interactions with those three women was relevant to their deliberations.

Mr Staines told the jury that the idea of ​​a woman having sex with a taxi driver at the end of a night of drinking sounded “a bit crazy”, but he said there were three witnesses who said they had consensual sex with his client.

He stated that all five women were independent of each other and that his client had displayed “highly improbable, crazy sexual behavior.”

If you are affected by any of the issues raised in this article, you can call the national Rape Crisis Helpline 24 hours a day on 1800-77 8888, access the SMS service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.