Northern Ireland

Victoria Square CCTV footage central to teens sex assault trial

Two teenagers have gone on trial on charges arising out of the alleged sexual assault of a 25-year-old woman said to have been captured on CCTV security cameras.

Prosecuting QC Jackie Orr told the jury the case was somewhat unusual in that the main evidence will be the Victoria Square Shopping Centre footage as the complainant has no memory of what occurred in the early hours of September 28 last year.

Ms Orr, who also warned the jury that the footage contains "some very graphic images of sexual activity", however went on to described the CCTV security recordings as "the impartial observer in this case... really an eyewitness".

The prosecution lawyer said it would be up to the jury to decide, on hearing all of the evidence and after watching the security footage, if the woman, given her apparent drunken and intoxicated condition, was able to consent to what occurred between her and one of the teenagers.

Ms Orr said while a woman may not object to being kissed or her hand being held, it did not mean she was also consenting to any further sexual activity which might occur.

The lawyer further claimed the woman was so intoxicated that on several occasions she was seen dropping her mobile phone, and on another fell "flat on her face", and while she was helped up by the teenager accused of attacking her, she again fell backwards.

"What we say is that, the prosecution say, is that throughout, she was incapable of giving a valid meaningful consent," added the lawyer.

One of the two teenagers on trial denies two charges of oral rape and two of attempted oral rape and seven of sexual assault, while the second youth is accused of aiding and abetting him.

The court heard that both youths had also been drinking that night and came across the woman near the Victoria Square centre. When later interviewed, the then 17-year-old accused of the rape, accepted that there had been sexual contact between them.

However, he maintained that "that this was consented to throughout to all of this activity", said Ms Orr.

With regards to his co-accused, the lawyer said, he told police of coming across a female who was extremely intoxicated, and offered to get her a taxi, but that she walked away. While he also said he saw her kissing with his co-accused, he saw nothing else.

He claimed that eventually he walked on home, and continued to deny seeing anything, or of keeping watch, or of providing any assistance in anyway to any sexual activity.