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Conviction of man who raped woman on public street 'unsafe', appeal told
Summary
Jose Lacerna Pena, 33, is appealing his conviction for the alleged oral rape of a woman at Wicklow Street, Dublin 2, on September 26, 2017. Pena, originally from Bolivia and of no fixed abode, pleaded not guilty at the Central Criminal Court. A jury found him guilty, and in April 2020, Mr Justice Paul McDermott sentenced him to six years' imprisonment. At the Court of Appeal, defence counsel Anne-Marie Lawlor SC argued the conviction was unsafe because the trial judge failed to instruct the jury on the issue of drunken consent, claiming an "irredeemable unfairness" was visited upon the accused. Prosecution counsel Bernard Condon SC countered that the case explicitly involved drunkenness and that the complainant repeatedly stated she did not consent. The matter was adjourned with judgment reserved. During the original sentencing, Mr Justice McDermott noted Pena acted brazenly in a public manner, exploiting the victim's vulnerable position, while acknowledging his lack of previous convictions and the difficulty of serving his sentence away from his family. The victim impact statement described the lasting trauma she suffered. The appeal remains pending.
Who, what, where, when and why
What: Report matter: Conviction of man who raped woman on public street 'unsafe', appeal told. Charges or matters: one count of orally raping a woman at Wicklow Street, Dublin 2, on September 26, 2017. Procedural stage: appeal
When:
- September 26, 2017 Hearing Or Sentence
- April 2020 Hearing Or Sentence
- 2021-11-23 Publication
Why: The conviction of a man for the oral rape of a vulnerable woman on a public street was unsafe because the trial judge failed to instruct the jury on the issue of drunken consent, a court was told today. CNI source report
Case subjects
Appellant
Charges: one count of orally raping a woman at Wicklow Street, Dublin 2, on September 26, 2017 (Alleged Or Contested)
Plea: Not guilty
Outcome: A jury found him guilty, however, and in April 2020 he was sentenced to six years' imprisonment by Mr Justice Paul McDermott. He acknowledged Pena will have difficulty serving his sentence far away from his country, family and friends.
Places mentioned
- Central Criminal Court
- Court of Appeal
- Wicklow Street
Topics
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