A woman who has accused Ireland and Ulster rugby players Paddy Jackson and Stuart Olding of rape has told a court she "froze" when the alleged sexual assault took place.
The woman, who was 19 at the time, recalled being “in the moment” as she gave evidence of the night and early morning of the incident on June 28th, 2016, at Laganside Crown Court.
"You think you are going to kick and scream and fight but it does not work that way. You literally just freeze. You know where this is going," she told Judge Patricia Smyth yesterday.
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The witness gave evidence from behind a curtain which meant there would be no eye contact with the defendants sitting in the dock.
Mr Jackson (26), of Oakleigh Park, Belfast, is charged with one count of rape and one count of sexual assault. Mr Olding (24), of Ardenlee Street, Belfast, is charged with one count of rape.
Blane McIlroy (26), of Royal Lodge Road, Ballydollaghan, Belfast, is accused of one count of exposure. Rory Harrison (25), from Manse Road, Belfast, is charged with perverting the course of justice and withholding information.
They all deny the charges with Mr Jackson and Mr Olding contending that the sex was consensual.
The woman, who became tearful on a number of occasions as she gave her evidence, said that on the night in question, she out with friends. They went to a gathering at a house, where she had 1½ large glasses of wine, before they got a taxi at about 10.30pm to Ollie’s Nightclub, where she drank about three double vodkas before closing time.
‘Not drinking’
After the nightclub, the woman met friends of a mutual friend outside. She then went in a taxi with Mr Jackson and two women to his house in east Belfast. She sent a text to a friend from the earlier party to say she was at Mr Jackson’s house. “I was not drinking back at the house but a lot of people were,” she said.
The woman said there was some dancing in the house but “it was by no means a party”. She said she did not “have a clear recollection” but that the first time she went upstairs was to the bedroom.
She said she kissed Mr Jackson, at his instigation, and that "it was completely consensual". She said "Patrick Jackson tried to undo my trousers" but she told him she was not interested and they went back downstairs. She said Mr Jackson did not try to "take matters further" on that occasion.
The witness said she then decided to leave because she sensed “the attitude had shifted”. She said Mr McIlroy was taking photographs and putting some of the women on his knees.
She went looking for her bag, finding it upstairs in Mr Jackson’s bedroom. She said she was pretty sure she was alone when she went into the room and that the image she had of Mr Jackson was him standing at the foot of the bed.
The woman said that after already telling him she did not want to do anything with him, he grabbed her trousers and pulled them down to her knees.
She said she froze as Mr Jackson pushed her down on the bed and that with her tight trousers caught at her knees, she could not move.
“I was face down on bed and he was having sex with me,” she said.
The witness said Mr Jackson knew she did not “want this to happen” to her but “he kept going”.
The next thing she recalled happening was the door opening and Mr Olding walked into the room.
“My heart just sank. I knew what was going to happen. I looked Patrick Jackson straight in the eyes and said ‘please no, not him as well.’”
The woman said the next thing she knew her trousers were off and Mr Jackson was having sex with her from behind and Mr Olding was forcing her to give him oral sex.
Female voice
The complainant said at this time the door opened and she heard a female voice. The witness said she turned her head away because she feared with all the photographs being taken downstairs that she might be filmed.
She said that Mr Jackson asked the other woman did she want to stay. Her sense of it was that he wanted her to join in. “I can’t remember her exact response but it was a no and she shut the door.”
The complainant said that Mr Jackson pushed her legs apart. She tried to bend over and grab his wrist but he would not stop.
She said the next thing that happened was Mr McIlroy entered the room completely naked and holding his penis as if he were masturbating.
“I thought this is not happening again,” she said.
She immediately got off the bed and grabbed her clothes. She put her trousers on and put her underpants in her pocket. She said that Mr McIlroy said to her: “You f***ed the other guys, why won’t you f**k me?”
She said that at that point her “fight instincts kicked in”. There was “not a chance I would let this happen again,” she said.
She told Mr McIlroy: “How many times does it take for a girl to say no for it to sink in?”
She then ran downstairs and out of the house but briefly returned to retrieve her mobile phone from Mr Jackson’s bedroom so she could call a taxi.
She said Mr Harrison came out after her and asked was she okay. She told the court she was in an “absolute mess” and “obviously was not okay”. She said Mr Harrison would have seen blood on her trousers.
Mr Harrison took her home in a taxi, paying the fare, and left her at her door.
“He really could not have done enough for me. I made that clear to police... I have no complaint with Rory Harrison,” she said.
The witness said Mr Harrison asked for her number and that soon after she got in he sent her a message saying something like “keep my chin up”.
Power and control
The following morning, in response to another text, she told him what happened “was not consensual”. At that stage she felt unable to confide in her parents.
In texts to two of her friends she said she would not report her allegations to the PSNI.
“You just don’t think they are going to believe you. I really did not want to take things further because you are so embarrassed. ..I did not want people finding out.”
She arranged to get the morning after pill because, she said, she did not know if a condom was used during the alleged assault. She also underwent a forensic medical examination.
She said she naively thought the alleged assaults had prompted an early period but that the doctor examining her told her she had an “internal tear” and that was why she was bleeding.
Ultimately, she did go to the police.
“The more I thought about it, rape is a game of power and control,” she said. “They rely on your silence. The only way you take the power back is when you actually do something about it. I may be preventing it happening to someone else.
“It could so easily have been my friends outside Ollie’s. It could have been my sister outside. It was the best decision I made.”
The case, which is expected to last five weeks, continues on Thursday.
The Irish Rugby Football Union and Ulster Rugby have said that Mr Jackson and Mr Olding will not play again until the trial is concluded. Among those who attended the court hearing on Wednesday were Ireland and Ulster rugby players Rory Best, Iain Henderson and Craig Gilroy.
