Courts / Dublin / Report
Conviction for raping heavily-pregnant partner overturned
Summary
In April 2020 the Court of Appeal quashed a 2017 conviction for two counts of rape against a Dublin man aged 55, who had previously been convicted of three sexual assaults against the same heavily‑pregnant partner. The appeal was based on a misdirection by the trial judge who had told the jury that the consistency of the complainant's account could be "supportive or corroborative" of the prosecution case. The Court of Appeal held that such consistency was not independent evidence and that the judge's instruction could have misled the jury. All other grounds of appeal, including a claim of adverse publicity, were rejected. The court therefore overturned the rape convictions without ordering a retrial, leaving the earlier sexual‑assault convictions and the 10‑year sentence with a two‑year‑six‑month suspended portion intact. The case highlights the importance of precise jury instructions regarding corroboration.
Who, what, where, when and why
What: Report matter: Conviction for raping heavily-pregnant partner overturned. Charges or matters: sexual assault in September 2016 and sentenced on February 6, 2017. Procedural stage: appeal. Findings: Convicted
When:
- December 2014 Incident
- April 2017 Incident
- September 2016 Incident
- February 6, 2017 Incident
- March 15 2017 Incident
- March 20 Incident
- April 6, 2017 Hearing Or Sentence
- 2020-04-28 Publication
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
Appellant
Charges: sexual assault in September 2016 and sentenced on February 6, 2017 (Proven)
Finding: Convicted
Outcome: Convicted; Jailing him for five years for the sexual assaults, Ms Justice Deirdre Murphy had said: "Any person who is willing to drug another person for his own sexual needs, is a danger to society." Following the rape trial, Mr Justice Paul Butler imposed a concurrent sentence of 10 years imprisonment with the final two years and six months suspended. Mr Bowman had told the court that the man was convicted of sexual assault in September 2016 and sentenced on February 6, 2017.
Places mentioned
- The Central Criminal Court
- Central Criminal Court
- Court of Appeal
Topics
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