Courts / Dublin / Report
Ex-RTE journalist jailed for sex assault refused 'implied consent' argument
Summary
The Court of Appeal refused to consider an "implied consent" argument raised by the defence of ex‑RTE journalist Mícheál Ó Leidhin, who was convicted of sexual assault. The defence had argued that the victim had discussed possible sexual activity the following morning before falling asleep, and that this should have been considered by the jury. The court held that a sleeping person cannot give consent and that the jury's charge did not mention implied consent. The appeal also challenged the 18‑month sentence with three months suspended, but the court reserved judgment on that ground. Ó Leidhin, aged 38, was convicted in April 2022 after a trial in which the victim described being groped while asleep. The court noted that the victim's testimony was compelling and that Ó Leidhin had no prior convictions. The appeal remains pending.
Who, what, where, when and why
What: Report matter: Ex-RTE journalist jailed for sex assault refused 'implied consent' argument. Procedural stage: appeal
When:
- May 13, 2018 Incident
- April 2019 Incident
- 2022-10-04 Publication
Why: She was unable to get public transport for a long time because the "touch from a stranger was unbearable". CNI source report
Case subjects
Defendant
Outcome: Mr Staines also appealed against the severity of his client's 18-month sentence with the final three months suspended.
Places mentioned
Topics
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