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Conviction for Tinder sex assault upheld on appeal

Summary

The Court of Appeal has dismissed the appeal of Paul Flaherty, upholding his conviction for sexually assaulting a woman he met via Tinder. Flaherty, 31, was found guilty by a jury at the Central Criminal Court of sexually assaulting the complainant at his home in Tallaght, Dublin, on August 31, 2015. He was sentenced to five years' imprisonment by Mr Justice Michael White, who described Flaherty's behaviour as "disgusting" and noted that he ignored the victim's clear lack of interest in sexual contact. Flaherty, who denied the charge, alleged the encounter was consensual and that he was engaging in role-play at the victim's suggestion. His counsel, Michael O'Higgins SC, argued the trial should have been halted due to investigative delays and issues regarding the complainant's credibility, and that the jury's verdict was perverse. However, President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, rejected these submissions. The court held that the trial judge was correct in refusing to stop the proceedings and that credibility assessments were matters for the jury. The panel found no evidence that the verdict was unsafe or that the trial was unsatisfactory, noting that differing outcomes on various counts did not indicate jury confusion. Consequently, the appeal was dismissed and the original conviction stands.

Who, what, where, when and why

What: Report matter: Conviction for Tinder sex assault upheld on appeal. Procedural stage: appeal. Findings: Found guilty

When:

• August 31, 2015 Incident
• 2019-07-31 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report