Courts / Westmeath / Report

Rapist who characterised victim as liar must await appeal fate

Date
2017-01-13

Stage
Appeal

Primary locality
Kinnegad

Summary

Martin Stokes, a 25-year-old man from Kinnegad, Westmeath, appeared before the Court of Appeal to challenge the severity of his sentence. He had previously pleaded not guilty to the defilement of a child under 15 in Westmeath on June 3, 2011, as well as rape and sexual assault. A Central Criminal Court jury found him guilty on all counts, and he was sentenced to 12 years' imprisonment, with the final two years suspended, by Mr Justice Carroll Moran in August 2015. Stokes's earlier appeal against conviction was dismissed in December. In today's hearing, his barrister, Padraig Dwyer SC, argued that the sentence was excessive, noting the absence of additional violence or threats. Dwyer contended that the trial judge placed undue emphasis on Stokes's denials and the resulting trauma to the victim, while also highlighting the personal impact on Stokes, including the end of his marriage and separation from his child. Conversely, counsel for the Director of Public Prosecutions, Pauline Walley SC, maintained the sentence was proportionate, citing the victim's severe depression, anxiety, and the disruption to her education caused by multiple trial dates. The court, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice Alan Mahon, reserved its judgment, indicating it hopes to deliver its decision as soon as possible. The matter remains adjourned pending this final ruling.

Who, what, where, when and why

What: Report matter: Rapist who characterised victim as liar must await appeal fate. 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: