Courts / Dublin / Report

Witness tells rape trial that accused said 'you cannot rape inside marriage'

Date
2021-04-12

Stage
Trial

Primary locality
Dublin

County
Dublin

Summary

During a rape trial, a witness testified that the accused, a 54‑year‑old man, told her he could not have raped the complainant because "there is no rape within marriage." The 36‑year‑old complainant had already testified that after a ceremony in a mosque, the accused took her to his flat and raped her over three days. The witness explained that she had introduced the complainant and the accused through a mosque, and that the complainant had emailed her in December 2017 asking whether the ceremony had constituted a legal marriage. She told the jury that the accused had insisted he could not rape her because she was his wife, and that she had warned him that Irish law allows rape within marriage. The trial is ongoing before Mr Justice Alex Owens. The unnamed 36-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Witness tells rape trial that accused said 'you cannot rape inside marriage'. Charges or matters: three counts of rape, one of sexual assault and one of attempted rape of the woman in his Dublin home on various occasions over the weekend of December 1 to December 3, 2017. Procedural stage: trial

When:

December 2017 Other
December 1 Incident
December 3, 2017 Incident
November 2017 Incident
2021-04-12 Publication

Why: A witness at a rape trial has told a jury that the accused, whom she knew through her mosque, told her he could not have raped the alleged victim because "there is no rape within marriage". CNI source report

Case subjects

Unnamed 36-year-old

Accused

Charges: three counts of rape, one of sexual assault and one of attempted rape of the woman in his Dublin home on various occasions over the weekend of December 1 to December 3, 2017 (Alleged Or Contested)

Plea: Not guilty