Courts / Ireland / Report
Crime of sex assault 'wholly objective', Supreme Court rules
Summary
In a 3‑2 Supreme Court ruling, the court upheld a 14‑year‑old's conviction for sexual assault after he repeatedly smacked a six‑year‑old boy's bare buttocks in a field. The court held that the offence is wholly objective and no proof of sexual motive is required when an assault occurs in indecent circumstances. The majority, led by Justice Charleton, affirmed that the prosecution need only show non‑consensual touching that creates indecent circumstances. The dissent, led by Justice Hogan, argued that a sexual motive should have been proven and that the conviction should have been replaced with a common assault charge. The case had previously been upheld by the Court of Appeal and the teen had been under probation supervision until 2023. The Supreme Court's decision confirms that the crime of sexual assault is defined by the objective nature of the act rather than the accused's intent.
Who, what, where, when and why
What: Report matter: Crime of sex assault 'wholly objective', Supreme Court rules. Procedural stage: appeal. Findings: Convicted
When:
- 2022-05-23 Publication
Why: The crime of sexual assault is a wholly objective one and no evidence of sexual motive is necessary where it is shown that an assault took place in indecent circumstances, the Supreme Court has found. CNI source report
Case subjects
Convicted Person
Finding: Convicted
Outcome: Convicted; While the motivation of the assault may be relevant to the sentence received, it cannot be relevant in determining the type of assault that took place, he said.
Places mentioned
- Supreme Court
- Central Criminal Court
- Court of Appeal
Topics
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