Courts / Dublin / Report
Uncle's conviction for raping niece (14) is upheld
Summary
A 50‑year‑old Dublin man was convicted of raping his 14‑year‑old niece twice between 1 January 2012 and 1 April 2013. He pleaded not guilty, but a jury found him guilty and he was sentenced to nine years' imprisonment, with the final year suspended, by Mr Justice Paul McDermott on 31 July 2017. On 16 July 2019 the Court of Appeal, presided over by Mr Justice George Birmingham, upheld the conviction and dismissed the appeal. Mr Justice Birmingham said the defence had failed to present any arguments that could succeed, noting that the complainant could not identify the accused as the rapist. He also rejected the defence's attempt to cross‑examine the victim about her prior sexual history, describing it as contrived and lacking reality. No grounds for appeal were found, and the conviction was affirmed.
Who, what, where, when and why
What: Report matter: Uncle's conviction for raping niece (14) is upheld. Charges or matters: two counts of raping his niece between January 1, 2012 and April 1, 2013. Procedural stage: appeal. Findings: Found guilty
When:
- January 1, 2012 Hearing Or Sentence
- April 1, 2013 Hearing Or Sentence
- July 31, 2017 Hearing Or Sentence
- 2019-07-16 Publication
Why: Mr Justice Birmingham said the issue of identification arose because the complainant could not say "I saw the person who was raping me and it was (the uncle)". CNI source report
Case subjects
Appellant
Charges: two counts of raping his niece between January 1, 2012 and April 1, 2013 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; A Dublin man jailed for twice raping his 14-year-old niece has lost an appeal against his conviction, during which his lawyers cross-examined the victim on her past sexual history. He was found guilty by a jury and sentenced to nine years imprisonment with the final year suspended by Mr Justice Paul McDermott on July 31, 2017.
Places mentioned
- Court of Appeal
Topics
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