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Rapist fails in appeal over 'brazen' attack on public street
Summary
Jose Lacerna Pena, 33, was convicted of orally raping a woman on Wicklow Street, Dublin, on 26 September 2017. The jury found him guilty after the judge noted that the assault was carried out "brazenly in the most public and humiliating manner" as people walked by. Pena, originally from Bolivia and without a fixed address, pleaded not guilty. In April 2020 he received a six‑year prison sentence. He has never accepted the verdict and appealed the conviction. The Court of Appeal, hearing the case in November, rejected his appeal. Justice Isobel Kennedy, sitting with Justices John Edwards and Patrick McCarthy, held that the jury was correctly instructed that the issue was lack of consent, not capacity. The appeal was dismissed, confirming the conviction and the sentence. The victim's impact statement described lasting emotional harm and gratitude to the men who intervened.
Who, what, where, when and why
What: Report matter: Rapist fails in appeal over 'brazen' attack on public street. 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
- 2022-02-01 Publication
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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