Courts / Dublin / Report
"Defies logic" that teenager orally raped by father failed to notice penis implants
Summary
The Court of Appeal heard an appeal against the conviction of an unnamed 51-year-old man, who was found guilty by a Central Criminal Court jury of 22 counts of sexual abuse, oral rape, child sexual exploitation, and attempted rape. The offences were alleged to have occurred in a Dublin home between October 2009 and July 2011, when the complainant was aged 13 to 15. On January 14, 2019, Ms Justice Tara Burns sentenced him to 12 years imprisonment, with the final six months suspended. The appellant's counsel, Mr Giollaíosa Ó Lideadha SC, argued that the prosecution failed to explain how the complainant did not notice three plastic penis implants, claiming this created a fundamental gap in the evidence. He also contended that the trial judge erred in refusing to direct the jury on the presumption of innocence and the dangers of uncorroborated evidence. In reply, DPP counsel Dominic McGinn SC stated that the discrepancy was a matter for the jury, who had viewed photographs of the implants, and that the judge's charge was adequate. The appeal was heard by video-link before President Mr Justice George Birmingham, Mr Justice Patrick McCarthy, and Ms Justice Una Ni Raifeartaigh. The court reserved its judgement, meaning the matter was adjourned and not concluded.
Who, what, where, when and why
What: Report matter: "Defies logic" that teenager orally raped by father failed to notice penis implants. Procedural stage: appeal. Findings: Found guilty
When:
- October 2009 Hearing Or Sentence
- July 2011 Hearing Or Sentence
- January 14, 2019 Hearing Or Sentence
- July 2014 Incident
- 2020-05-25 Publication
Why: Mr McGinn explained that photographs of the man's penis had gone to the jury to show them what the implants looked like. CNI source report
Case subjects
Appellant
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a Central Criminal Court jury and sentenced to 12 years imprisonment with the final six months suspended by Ms Justice Tara Burns on January 14, 2019.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
Related court reports
- Man charged with having 56k child abuse images and videos remanded on bail
- Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
- Mater must pay €10k to worker who said he was wrongly accused of abusing patient
- 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
- Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
- 77-year-old with 470 convictions told Luas staff to 'f**k off'
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request