Thejournal.ie – December 3, 2010
AN IRISH NURSE living and working in Australia has been found guilty of raping another woman in the toilets of a Brisbane hotel.
A jury found Anne-Marie O’Loughlin (25), born in Dublin, guilty of two counts of rape and of another charge of depriving the liberty of her 34-year-old victim, following an incident at the city’s Caxton Hotel on November 29, 2009.
Crying as the verdicts were delivered, O’Loughlin was found not guilty of a fourth charge of sexual assault.
The five-day trial at Brisbane District Court heard that O’Loughlin had approached the woman in a cubicle of the toilet, and began to kiss her for up to three minutes, Melbourne’s Herald Sun newspaper reports.
Though the victim – who has not been named – consented to the kiss, believing it would be the easiest way to avoid a conflict, she said she didn’t consent to O’Loughlin pulling up her clothes and touching her breasts, and also said she did not consent to being digitally penetrated in the genitals and anus.
When the victim had tried to leave the cubicle, O’Loughlin grabbed her by the head and pulled her back inside. While the victim admitted she had not given any verbal indication that she did not consent to O’Loughlin’s actions, she said she had pushed the Irishwoman’s hands away, resisted her attempts to pull down her jeans, and had tried to call for security.
Victim did not say ‘no’
On Wednesday the jury was shown a video interview given by O’Loughlin in which she admitted she may have kissed the victim – though she had no memory of doing so – but said she was “shocked” when she was accused of “touching her [the victim] up”, adding that it was not in her nature to force someone to have sex with her.
She admitted in that interview, though, that she had woken up in bed alongside “three or four” women in the past.
O’Loughlin’s barrister had put it to the jury that it was possible the victim had consented to the incident, but had made a false complaint to police about the incident, after she became remorseful of her actions when her husband learned of them.
The husband had become upset and agitated at the hotel following the incident, calling police immediately afterwards and trying to detain O’Loughlin at the hotel, shouting that she had “molested my wife”.
A DNA sample taken from the skin under O’Loughlin’s fingernails matched that of the victim.
O’Loughlin had been remanded in Australia on a criminal charge visa, and would have returned home on Monday if she had been acquitted.
On the request of O’Loughlin’s barrister, Judge David Reid agreed he would seek a psychological report on O’Loughlin before agreeing a date for sentencing.
The trial was adjourned until Friday, when a date for sentencing will be set