Courts / Dublin / Report

Rape complainants should have access to legal advice during trials: judge

Date
2018-06-11

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

During a sentencing hearing in the Central Criminal Court, Mr Justice Paul Butler emphasised that rape complainants should receive legal advice throughout trials. He referred to a case involving a 24‑year‑old Dublin man who had raped a 17‑year‑old girl after forcing her into a park. The trial had collapsed twice before a jury heard it a third time, the first collapse due to a panic attack by the victim. The man was convicted of one rape charge and acquitted of another involving the same complainant. He received a five‑year sentence, with the final year suspended, and had 51 prior non‑violent convictions. Butler noted the presumption of innocence remains until guilt is proven, and warned that while complainants must be considered, the process should not bias the jury toward guilt. The judge also highlighted the victim's ongoing mental health struggles and the impact of the assault on her life. The unnamed 24-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Rape complainants should have access to legal advice during trials: judge. Charges or matters: one charge of rape after a trial last February; the offence at a west Dublin park on March 7, 2015. Procedural stage: sentence. Findings: Convicted

When:

March 7, 2015 Incident
2018-06-11 Publication

Why: The Central Criminal Court heard that the trial collapsed twice before it went to a jury a third time, because the victim had a panic attack on the second occasion. Court evidence reported by CNI