Courts / Westmeath / Report

Rapist who claimed victim consented moves to appeal conviction

Date
2016-10-05

Stage
Appeal

Primary locality
Kinnegad

Summary

Martin Stokes, 25, of Corkhill, Kinnegad, was convicted of defilement of a child under 15 and rape of a 14‑year‑old girl in Westmeath on 3 June 2011. He pleaded not guilty, denied knowledge of the girl, and later claimed the encounter was consensual. A Central Criminal Court jury found him guilty on all counts and sentenced him to 12 years' imprisonment, with the final two years suspended by Mr Justice Carroll Moran on 7 August 2015. Stokes has now lodged an appeal against his conviction on grounds that his right to silence was undermined, medical evidence was mishandled, and extracts from Garda tapes portrayed him as "belligerent". His barrister, Padraig Dwyer SC, argued that inconsistencies in medical evidence were treated as mere defence points and that the jury was misled by the victim's cross‑examination responses. He also contended that hearsay evidence of Stokes acting threateningly the day after the incident was improperly admitted.

Who, what, where, when and why

What: Report matter: Rapist who claimed victim consented moves to appeal conviction. Charges or matters: defilement of a child under the age of 15 at a location in Westmeath on June 3, 2011. Procedural stage: appeal. Findings: Found guilty

When:

June 3, 2011 Hearing Or Sentence
August 7, 2015 Hearing Or Sentence
2016-10-05 Publication

Why: That was a problem, Mr Dwyer said, because the jury may not have understood that they were entitled to reject what she said as untruthful. CNI source report