Courts / Cork / Report
Man who held victim down has rape conviction upheld on appeal
Summary
In a Cork city park on 28 June 2013, Keith Aherne, aged 24, was found guilty of raping a woman while he held her down. He denied the charges. The other perpetrator, who pleaded guilty but died before sentencing, is alleged to have committed the rape. Aherne was sentenced to ten years' imprisonment, with the final year suspended, and was deemed a principal offender for aiding and abetting the offence. The Court of Appeal upheld the conviction. Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice John Edwards, dismissed all of Aherne's grounds of appeal, noting that none had succeeded. Aherne's barrister, Brendan Grehan SC, argued that the trial judge erred in admitting certain evidence and in handling cross‑examination, but these arguments were rejected by the appellate court. The appeal was therefore dismissed. The conviction remains in force.
Who, what, where, when and why
What: Report matter: Man who held victim down has rape conviction upheld on appeal. Charges or matters: the offence but who died before he was due to be sentenced, raped her. Procedural stage: appeal
When:
- June 28, 2013 Incident
- 2018-06-20 Publication
Why: It was introduced by Aherne's own counsel, it was not evidence and Aherne was not the only potential source for evidence that he had left the scene at a crucial time because the co-accused might have given this evidence, had the defence so required. Defence account reported by CNI
Case subjects
Convicted Person
Charges: the offence but who died before he was due to be sentenced, raped her (Admitted)
Plea: Guilty
Outcome: It was alleged that Aherne held the woman down while another man, who pleaded guilty to the offence but who died before he was due to be sentenced, raped her. Sentencing him to ten years imprisonment with the final year suspended, Ms Justice Isobel Kennedy said Aherne aided and abetted the commission of the offence and was liable as a principal offender.
Places mentioned
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