Belfast Telegraph

Sex was consensual, man accused of raping teenager during Spanish holiday tells trial

Charge: Michael Cregan
Charge: Michael Cregan

By George Jackson

A man from Londonderry who denies raping a teenager during a holiday in Spain has told a jury that the complainant twice had consensual sex with him on the night she alleges he sexually assaulted her.

The 35-year-old is accused of raping the 17-year-old AS level student in a bedroom they shared with two other people at the Los Alamos Hotel in the holiday resort of Torremolinos on August 11, 2014.

Its the first case of its kind in Northern Ireland, in which a UK citizen has gone on trial for an offence allegedly committed abroad. On trial at Derry Crown Court is Michael Cregan from Ferguson Street in the city.

The defendant had joined the complainant and two members of her family and two family friends on the all-inclusive holiday. He told the jury he'd booked a flight-only holiday and they agreed to share their accommodation with him.

In his earlier evidence the defendant said he and other members of the party had been drinking for most of the day and evening on the date of the alleged rape.

He said he brought the complainant back to the bedroom which they shared and that both of them were drunk. The other members of the group stayed behind drinking in a bar.

He told the jury that on the way back to the hotel he and the complainant kissed. When they went into their bedroom both took off their clothes and lay naked on a bed. Both kissed and touched each other and he said he then performed oral sex on the complainant. He said he became aroused and both engaged in consensual sexual intercourse.

Questioned by his barrister Kieran Mallon QC, the defendant said the complainant neither resisted him nor asked him to stop and that she was both awake and conscious as they had sex.

He said they stopped when the complainant's sister returned to the shared bedroom.

The defendant said he pulled on a pair of shorts and threw a bath robe to the complainant. Several minutes after the sister had entered the bedroom, she fell asleep.

The defendant said he then turned to the complainant. "I said: 'Are you up for it again?'

"She said aye and we had sex again out on the balcony," he said. "Nothing she did led me to believe she didn't consent."

When he was interviewed by police about the rape allegation in October 2017, he told the officers: "Sweet mother of f***, I can't believe she came out with this story."

Asked by Mr Mallon if he'd raped the complainant, the defendant replied: "No I did not - 110% I did not."

The trial continues.

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