Courts / Cork / Report

Uncle wrongly acquitted in rape trial, appeal court finds

Date
2020-11-13

Stage
Appeal

Primary locality
Cork

County
Cork

Summary

In November 2020 the Court of Appeal ruled that a trial judge had erred by halting a rape trial and directing a jury to acquit an uncle accused of raping and sexually assaulting his niece. The appeal court found the judge's decision was wrong and that the trial should have continued. The uncle had been charged under the Criminal Law (Rape) Act 1990 and Section 2 of the Act for two counts of sexual assault, with alleged incidents occurring between 2001 and 2006. The niece alleged three separate assaults at her grandmother's house, describing the uncle's actions and her attempts to stop him. The prosecution had not called two witnesses – the niece's grandmother and father – who had given statements to gardai. The Court of Appeal, led by Mr Justice George Birmingham, said the defence's argument for acquittal was surprising and that the prosecution's failure to call those witnesses was not a valid reason to halt the trial.

Who, what, where, when and why

What: Report matter: Uncle wrongly acquitted in rape trial, appeal court finds. Charges or matters: rape contrary to the Criminal Law (Rape) Act 1990 on a date unknown between May 18, 2001 and March 20, 2006. Procedural stage: appeal

When: