Courts / Dublin / Report

Conviction for raping woman who said she didn't want sex without condom is upheld

Date
2019-04-04
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

A 32‑year‑old man was convicted of raping a woman who had told him she would not have sex without a condom. The offence occurred at her Dublin apartment on 23 November 2014 after the pair had begun dating two weeks earlier. During the encounter the man repeatedly tried to have sex without a condom, was rebuffed, and ultimately penetrated her after she told him he was raping her. He was sentenced to five years' imprisonment, with 18 months suspended. The man appealed the conviction, arguing that the jury should have been discharged when the victim repeatedly referred to matters she was not allowed to discuss. The appeal was dismissed by Ms Justice Isobel Kennedy, who found the victim's cross‑examination replies were careful and did not prejudice the jury. The case remains at the conviction stage, with no further outcome reported in the article.

Who, what, where, when and why

What: Report matter: Conviction for raping woman who said she didn't want sex without condom is upheld. Charges or matters: a single count of raping the woman, who he had been briefly dating, at her apartment in Dublin on November 23, 2014. Procedural stage: appeal. Findings: Convicted

When:

Case subjects

Unnamed 32-year-old

Appellant

Charges: a single count of raping the woman, who he had been briefly dating, at her apartment in Dublin on November 23, 2014 (Proven)

Finding: Convicted

Outcome: Convicted; A 32-year-old man jailed for raping a woman who had told him she was not willing to have sex without a condom has lost an appeal against his conviction. Sentencing the man to five years imprisonment with the final 18 months suspended, Mr Justice Paul Butler said he had been thinking about the case since it began and it had troubled him deeply.

Places mentioned

Secondary Mention
Court Venue
  • The Central Criminal Court
  • Court of Appeal

Topics

Stage Appeal

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