Courts / Dublin / Report
Father-of-three's appeal against rape conviction focuses on consent
Summary
The 38‑year‑old father of three has appealed his rape conviction after being sentenced to eight years' imprisonment, with 18 months suspended, for raping a woman on a Dublin beach. The victim, who met the defendant online, was unaware of his partner and children until the trial. He pleaded not guilty to rape and sexual assault on 29 October 2015; a jury found him guilty of rape but not sexual assault. Justice Tara Burns highlighted that every woman can withdraw consent at any stage and that the defendant's alleged consensual acts before the rape did not support his defence. The appeal, led by Michael Bowman SC, focuses on alleged errors in the judge's directions on consent, arguing the jury was not properly instructed on the defendant's subjective perception. The Court of Appeal has reserved judgment, with a decision expected in the coming weeks.
Who, what, where, when and why
What: Report matter: Father-of-three's appeal against rape conviction focuses on consent. Charges or matters: rape and sexual assault on October 29, 2015. Procedural stage: appeal. Findings: Found guilty
When:
- October 29, 2015 Incident
- 2020-07-16 Publication
Case subjects
Convicted Person
Charges: rape and sexual assault on October 29, 2015 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; The 38-year-old, who cannot be named to protect his victim's identity, was jailed for six and a half years for raping the woman in the back of his car. Ms Justice Tara Burns sentenced him to eight years' imprisonment but suspended the final 18 months of the sentence.
Places mentioned
- Central Criminal Court
- Court of Appeal
Topics
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