Courts / Ireland / Report

Rapist father who claimed son lived in loving home fails in appeal

Summary

In 2021 the Court of Appeal upheld the conviction of a 71‑year‑old father who had repeatedly raped his 12‑year‑old son. The father was found guilty of anally raping the child on nine occasions and of child cruelty for locking the boy in a box; he was acquitted of a separate charge of raping the boy with a poker. The appeal was dismissed after the court considered the lengthy nine‑day testimony of the victim, the use of video‑link evidence, and the admission of evidence of the father's prior convictions for theft and drink‑driving. The judge imposed a 15‑year sentence, suspended the final year, and ordered a four‑year supervision period upon release. The decision was made after the court noted the impact of the trial on the child, who had been removed from the family home in 2011 and had suffered severe emotional distress.

Who, what, where, when and why

What: Report matter: Rapist father who claimed son lived in loving home fails in appeal. Charges or matters: child cruelty but found not guilty of sexual assault relating to allegations she had sex or simulated sex with her child when he was between six and seven. Procedural stage: appeal. Findings: Acquitted

When:

• 2021-04-20 Publication

Why: Mr Cody said the tape proved nothing because it was made six years before the offences, but was highly prejudicial and painted his client as "someone who would be likely to commit this sort of offence. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Theft

Read the original CNI report