Courts / Kilkenny / Report
Kilkenny man who claimed he was in consensual sexual relationship with young cousin appeals conviction
Summary
A 49‑year‑old Kilkenny man, whose name is withheld to protect the identity of a 33‑year‑old man, was convicted by a Central Criminal Court jury of 15 counts of rape, oral rape and one charge of sexual assault against a 14‑year‑old. He pleaded not guilty to 35 counts, of which the judge directed not‑guilty verdicts on the balance. He received a 10‑year sentence, with the final year suspended by Ms Justice Isobel Kennedy on 8 February 2016. The man has now filed an appeal, arguing that new material and the trial judge's treatment of answers given to Garda questions should affect his conviction. His counsel, Aidan Doyle SC, highlighted the defence's claim of consensual conduct and the importance of the complainant's age of consent, noting that the complainant was legally incapable of consenting before his 15th birthday.
Who, what, where, when and why
What: Report matter: Kilkenny man who claimed he was in consensual sexual relationship with young cousin appeals conviction. Charges or matters: 35 counts, the balance of which were the subject of directed verdicts of not guilty by the trial judge. Procedural stage: appeal. Findings: Convicted
When:
- February 8, 2016 Hearing Or Sentence
- May 1999 Incident
- November 1999 Incident
- October 2 Other
- 2017-07-21 Publication
Why: The court heard that the high water mark of the prosecution's case was that the relatives lived at that particular address for the final quarter of the complainant's 14th year because the trial judge directed not guilty verdicts in respect of counts related to the first three-quarters of the complainant's 14th year. Court evidence reported by CNI
Case subjects
Appellant
Charges: 35 counts, the balance of which were the subject of directed verdicts of not guilty by the trial judge (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; He was sentenced to 10 years imprisonment with the final year suspended by Ms Justice Isobel Kennedy on February 8, 2016.; The case was put back to October 2 next.
Places mentioned
- Central Criminal Court
- Court of Appeal
Topics
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