Courts / Dublin / Report

"Danger to society" appeals conviction for raping pregnant partner

Date
2019-12-17
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

A 55‑year‑old Dublin man, who cannot be named for legal reasons, has appealed his conviction for raping his heavily‑pregnant girlfriend. He was found guilty by a Central Criminal Court jury of three counts of sexual assault in November 2014 and two counts of rape in December 2014, just before the victim was due to give birth to their second child. He denied all charges during both trials. Ms Justice Deirdre Murphy described his actions as "sneaky, underhand and clandestine" and noted the victim's humiliation when videos of the assault were shown in court. Mr Justice Paul Butler imposed a concurrent sentence of 10 years' imprisonment with the final two years suspended. The appeal was lodged on grounds that the trial judge erred in instructing the jury about corroboration and consistency of the complainant's account, and that adverse publicity and procedural issues may have affected the trial. The Court of Appeal reserved its judgment.

Who, what, where, when and why

What: Report matter: "Danger to society" appeals conviction for raping pregnant partner. Charges or matters: sexual assault in September 2016 and sente. Procedural stage: appeal. Findings: Convicted

When:

Why: The trial judge should not have said "or corroborative", Mr Bowman submitted, because the jury had just been told that corroboration was independent evidence. CNI source report

Case subjects

Unnamed 40-year-old

Appellant

Charges: sexual assault in September 2016 and sente (Proven)

Finding: Convicted

Outcome: Convicted; Following the rape trial, Mr Justice Paul Butler imposed a concurrent sentence of 10 years imprisonment with the final two years suspended. Mr Bowman said the man was convicted of sexual assault in September 2016 and sentenced the following February.

Places mentioned

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

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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