Courts / Wicklow / Report

Gagging order on name of child rapist 'unnecessary and invalid', State says

Date
2020-10-02

Stage
Appeal

Primary locality
Wicklow

County
Wicklow

Summary

A judge's order banning the publication of a convicted child rapist's name was appealed by the DPP. The order, made by Mr Justice Michael White on 17 May 2019, followed the conviction of a 49‑year‑old Wicklow man for four rapes and two indecent assaults between 1987 and 1989. The man was sentenced to seven years' imprisonment in May 2019. The victim, now 42, was unaware she could waive her anonymity to allow the rapist's name to be published. The DPP argued the judge's order was unnecessary, invalid and contrary to the Criminal Law (Rape) Act 1981, which permits publication of a convicted rapist's name if the victim waives anonymity. The Court of Appeal reserved judgment on the appeal, while the man also appeals his conviction and sentence. The unnamed 49-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Gagging order on name of child rapist 'unnecessary and invalid', State says. Charges or matters: four counts of rape and two counts of indecent assault on unknown dates between 1987 and 1989 in Co Wicklow following a jury trial at the Central Criminal Court last year; all the charges, was sentenced to seven years in prison in May 2019. Procedural stage: appeal. Findings: Convicted

When:

May 17, 2019 Hearing Or Sentence
May 2019 Incident
November 2019 Hearing Or Sentence
1987 and 1989 Incident
2020-10-02 Publication

Why: The Court of Appeal heard on Friday that an order made by Mr Justice Michael White on May 17, 2019 following the conviction of a Wicklow man for the rape of a neighbour's child in the late 1980s, continued reporting restrictions in the case in order to the prevent the victim from being identified through publication of her attacker's name. CNI source report

Case subjects

Unnamed 49-year-old

Appellant

Charges: four counts of rape and two counts of indecent assault on unknown dates between 1987 and 1989 in Co Wicklow following a jury trial at the Central Criminal Court last year; all the charges, was sentenced to seven years in prison in May 2019 (Proven)

Plea: Not guilty

Finding: Convicted

Outcome: Convicted; The man, who had pleaded not guilty to all the charges, was sentenced to seven years in prison in May 2019.