Last modified: Thursday, June 15, 2006 2:22 AM EDT

Different accounts in alleged assault

NORTON -- A Norton High School senior charged with sexual misconduct in Spain for allegedly assaulting a schoolmate on a class trip and his 17-year-old alleged victim are publicly giving different accounts of what transpired two months ago in the young man's Malaga hotel room.

The girl, a junior at Norton High, said she and William McGrath had been drinking prior to going to McGrath's hotel room, that they began kissing and moved to the bed.

She said she hit her head on the headboard, passed out and awoke minutes later to find McGrath on top of her having sex with her.

She said when she became aware of what was happening, she pushed him off.

The girl's testimony came during a Taunton Superior Court hearing Tuesday on a request to continue a restraining order the girl took out against McGrath after he returned from Spain after more than a month awaiting trial in jail.

McGrath's account of the April school vacation incident was much different, saying that the sex was consensual.

Julio Hernando, McGrath's lawyer, said a Spanish rape charge against his client was dismissed after reviewing medical reports that indicated there was no `` credible medical evidence'' to suggest that the girl was knocked unconscious.

He said McGrath is willing to return to Spain to face trial if necessary.

The girl's family has hired Boston attorney Wendy Murphy to represent her. Murphy said the charge still pending against McGrath is serious, and that her client has been cooperating with Spanish and international law enforcement.

Murphy also took issue with statements at a press conference held by McGrath in which it was reported that a Spanish judge had ordered the alleged victim to be interviewed by psychologists.

She said it is not uncommon in sexual assault cases for a psychologist to interview a victim to document psychological trauma from rape and that such an order does not necessarily mean a witness's credibility is being questioned.

Hernando said that while not unknown in Spanish cases, he understands it is `` highly unusual'' for a judge to summon two psychologists.

A pretrial hearing has been scheduled for July 7 in Spain. Tuesday's hearing has been continued to July 14 in Taunton Superior Court.

RICK FOSTER can be reached at 508-236-0428 or at rfoster@thesunchronicle.com.