Courts / Wicklow / Report

Judge rules that child rapist should be named in interest of victims

Summary

In an appeal-stage hearing, Mr Justice Tony Hunt ruled that reporting restrictions banning the media from naming a convicted child rapist should be set aside in the public interest. The 56-year-old defendant, who pleaded guilty in 2015 at the Central Criminal Court to the repeated rape and sexual assault of his wife's two sons over a ten-year period starting in 1993, is contesting efforts by his now-adult victims to have him identified. His lawyers argued that Section 252 of the Children Act 2001 prohibits identification, citing a recent Court of Appeal judgment. However, Mr Justice Hunt determined that the Act allows courts to dispense with restrictions if appropriate for the child's interests. He found the remaining restrictions substantial and unreasonable, noting the victims' desire to speak out to aid recovery and encourage others. Consequently, he ordered the removal of all reporting restrictions. Nevertheless, he placed a 28-day stay on this order pending a potential application to the Court of Appeal by the defendant. The judge noted that if no appeal is filed, the orders will become operative upon the expiry of the stay. He also commented on the interpretation of the term 'child' in the Act, stating that while he believed it does not encompass deceased children or adults, his interpretation must yield to the higher court's ruling.

Who, what, where, when and why

What: Report matter: Judge rules that child rapist should be named in interest of victims. Procedural stage: appeal

When:

• March 2016 Incident
• 2020-11-11 Publication

Why: The 56-year-old man's lawyers had previously submitted to Mr Justice Hunt that their client cannot be identified because of the Children Act. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report