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Man claims woman 'freaked out' after he tried to kiss her

The 36-year-old man denies sexually assaulting the woman in July 2014
The 36-year-old man denies sexually assaulting the woman in July 2014

A 36-year-old man, accused of sexually assaulting a woman he met via the Tinder dating app, told gardaí the woman became hysterical and "freaked out" after he tried to kiss her.

The man said he stopped when it became clear the woman was not interested and he absolutely denied sexually assaulting her in July 2014.

The court previously heard the woman had come to Ireland to learn English and began using Tinder to try to meet people as a way to start speaking English.

She told the court the accused man drove her to a secluded part of the UCD campus, where he turned into a "monster" and sexually assaulted her.

The jury of six men and six women will begin considering its verdict tomorrow after they heard details of the accused man's interviews with gardaí today.

The man said he had been to the UCD campus "multiple times" with "multiple girls".

He said he had collected the woman on the evening of 23 July 2014 and had been in contact with her on Whats App for some weeks before that.

He had told her he was a "porn star" and there was some banter about that.

He told gardaí that he used Tinder to "hook up" with girls and have sex and he believed that is what this woman wanted. He said he thought they were meeting for a hook up.

The man told gardaí it was hard to communicate with the woman as she had very little English.

He said they drove to a secluded area at the back of UCD and said he hoped they would "make out" and maybe have sex. 

He said his car doors automatically locked.

He said they had a bit of a confrontation, and that the woman "freaked out, started crying and got all panicky" after he tried to kiss her.

He told gardaí he was trying to get her to relax and calm down.

He said he asked her to get out of the car as she was freaking him out. But she said she did not know where she was.

Accused claims it was a 'misunderstanding'

The man said he pulled into another area to try to talk to her and calm her down.

He said he tried to hold on to her to tell her to relax but she freaked out and jumped out of the car and he drove off.

The man claimed he did not force the woman to kiss him after she refused his advances. He said he never meant to frighten the poor girl and it was not his intention to freak her out.

He said his hand may have touched off her thigh for a second but he denied forcing her to kiss him, putting his hands up her dress, tearing her dress, exposing her breasts or punching her in the head.

He said he had no idea why she would lie to gardaí.

He said he thought they had been meeting for a hook up to have sex and it was a misunderstanding.

The man told gardaí that some girls want to have sex after 20 minutes while some want three or four dates.

He said given the nature of the messages from the girl, he thought she was the kind of girl who would meet for sex straight away.

He said he believed she may have been naive and when it came down to it, she did not want to have sex and he stopped immediately once that became apparent.

He said lots of girls on Tinder would not necessarily be good looking - if they wanted to go on a date he would refuse, he said, but would but offer to go on a drive instead.

The man denied forcing himself on the woman, and said that he completely rejected this.

Frightening and violent sexual assault

Counsel for the prosecution Paul Burns, told the jurors that there was no reason for the woman in this case to lie.  

He said they might feel that the accused man was rude and ignorant but that was not an offence.

He said they might feel the woman was naive, foolish and awfully stupid but that did not give anyone the right to attack her.  

Mr Burns said naivety and foolishness did not give anyone the right to sexually assault another person. 

Mr Burns asked the jurors how the woman came across in her evidence.  

He said it was highly unlikely that a woman would travel here, three years after the events in question to mislead or make false allegations.

He asked why someone would subject themselves to what she had undergone in the courtroom, unless she was telling the truth.

Mr Burns said there was also other evidence capable of supporting the woman's version of events, such as the evidence from the woman the complainant met immediately after the event who described her being in a very distressed state, as well as medical evidence. 

Mr Burns said at no stage had the woman indicated she was interested in having sex.

He said despite a lengthy and gruelling cross-examination, her core testimony had not been shaken.  

He said the woman was attacked in the car and thought she was going to be raped.

Mr Burns said the man's answers to gardaí in interviews were self-serving and lacking in credibility and were a cynical attempt to downplay what he had done.

He claimed the man's version of events did not add up. He said the man could not put forward any reason why the woman would have made up lies. 

He told the jurors that everyone has the right to say no to sexual advances and to have that respected.

No one, he said, was entitled to force themselves or attempt to force themselves on another.

He said the woman was subjected to a frightening, violent sexual assault.

Mr Burns said if they considered the evidence closely, they would be satisfied they could find the man guilty beyond reasonable doubt of sexual assault.

Some messages were 'vulgar stuff'

Defence counsel Paul Flannery said there was a natural sympathy in such a case for the person who said they had been assaulted. It may seem insensitive for defence lawyers to probe the evidence, but that is what they have to do he said.

He told the jurors that when they saw the context out of which this all emerged, they would have to have serious doubts about the credibility of the complainant. He said when they saw someone crying in the witness box, they would naturally have sympathy for them, but he said they had to seriously wonder about the woman's evidence.

He said some of the messages sent by the accused, could have left her in no doubt that he wanted to meet to have sex. He added that some of the messages were "vulgar stuff".  

Mr Flannery said she could have stopped immediately but in continuing the conversation she was fully knowledgeable of the man's motives. He said the pictures posted by the man on Tinder were not the pictures of someone who wanted to go out and speak English to her.

Mr Flannery said the woman's account of what happened at UCD was inadequate. He said there were a few gaps in her evidence. He pointed out in particular a seven or eight-minute period where CCTV footage showed the car driven by the man was at a particular location in UCD.

Mr Flannery told the jurors they did not have to like this kind of behavior, but he said sympathy for the woman or distaste for the man was not relevant.

He said the woman's version of events was not consistent with the CCTV, whereas the man's was. He said the man had been totally upfront with gardaí and had made no attempt to deny he had collected the woman and brought her to UCD.

Mr Flannery said he was not saying that because the woman had contacted the man on Tinder, that she was entitled to be sexually assaulted. But he said she was not sexually assaulted - that did not happen.

He said they had to have serious doubts about the woman's evidence given the inconsistencies in it. He said they should use their common sense and find him not guilty.