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Rape victims subject to prosecution if they publish their own identity, High Court told
Summary
In a High Court hearing, lawyers for a convicted child rapist argued that rape victims could be prosecuted if they reveal their own identity. The case concerns a 41‑year‑old Wicklow man convicted in March of repeated sexual attacks on a child who was about nine at the time. He pleaded not guilty to four counts of rape and two counts of indecent assault between 1987 and 1989, and was sentenced to seven years by Mr Justice Micheal White, who also imposed an order preventing publication of either party's identity. The Director of Public Prosecutions (DPP) now seeks to lift the victim's anonymity so the abuser can be named. Defence counsel argues there is no legal basis for removing anonymity, citing the 1981 (Rape) Act's provisions that protect complainants from identification. The court will issue a written judgment on June 28 after receiving submissions from both sides.
Who, what, where, when and why
What: Report matter: Rape victims subject to prosecution if they publish their own identity, High Court told. Charges or matters: four counts of rape and two counts of indecent assault in Co Wicklow on unknown dates between 1987 and 1989; a rape offence no matter likely to…identify a woman as the complainant in relation to that charge shall be published". Procedural stage: sentence
When:
- July 1992 Hearing Or Sentence
- October 2016 Incident
- June 28 Hearing Or Sentence
- June 10 Hearing Or Sentence
- June 19 Other
- 1987 and 1989 Incident
- 2019-05-30 Publication
Case subjects
Defendant
Charges: four counts of rape and two counts of indecent assault in Co Wicklow on unknown dates between 1987 and 1989; a rape offence no matter likely to…identify a woman as the complainant in relation to that charge shall be published" (Alleged Or Contested)
Plea: Not guilty
Outcome: Mr Justice Micheal White, sitting at the Central Criminal Court, imposed a seven year sentence earlier this month. Citing a judicial review taken by Independent Newspapers on the lawfulness of reporting restrictions imposed by Judge Mary Ellen Ring in October 2016, Mr Murray said that the High Court ruled that the restrictions ought not to have been continued after the men were sentenced for sexual offence. "The continuation of the order…was not warranted by the necessity to ensure a fair trial or to protect the [defendant's] rights.
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