Courts / Laois / Report
4.5-year jail sentence for rape and abuse of sisters too lenient, State says
Summary
The State has argued at the Court of Appeal that the four-and-a-half-year jail sentence imposed on Christopher Rafter for the rape and sexual assault of his two younger sisters was too lenient. Rafter, of Portlaoise, Co Laois, pleaded guilty at the Central Criminal Court to offences committed between 1989 and 1993. Ms Fiona Murphy SC, representing the State, contended that the concurrent structure of the sentences resulted in a single punishment for two victims, with Rafter receiving only two years for ten indecent assaults. She noted that Mr Justice McDermott had identified a headline sentence of nine years for the rape of Linda Rafter, reduced to six years before suspending 18 months, and a headline of seven years for the rape of Dolores Prendergast, reduced to four-and-a-half years. The State alleged that too much credit was given to Rafter's age during the majority of the offending. In response, Mr John D Fitzgerald SC for Rafter cited his client's borderline intellectual disability and schizoid personality, arguing the sentence was not radically out of line with similar cases. The court heard that the abuse was continuous and involved a significant breach of trust. The Court of Appeal has reserved its judgement in this appeal.
Who, what, where, when and why
What: Report matter: 4.5-year jail sentence for rape and abuse of sisters too lenient, State says. Charges or matters: the rape and sexual assault of the two sisters at the family home on dates between 1989 and 1993. Procedural stage: appeal
When:
- 1989 and 1993 Incident
- 2023-04-24 Publication
Why: Counsel agreed with Mr Justice Patrick McCarthy her issue was that, because the sentences were concurrent, it amounted to a "single punishment". CNI source report
Case subjects
Defendant
Charges: the rape and sexual assault of the two sisters at the family home on dates between 1989 and 1993 (Admitted)
Plea: Guilty
Outcome: Ms Murphy said the maximum penalty for sexual assault was 10 years' imprisonment but that Rafter had only been sentenced to two years' imprisonment for the 10 indecent assaults. Ms Murphy said a "low" headline sentence of nine years' imprisonment had been identified by Mr Justice McDermott for the rape of Linda Rafter but that mitigating factors reduced this to six years before the judge suspended 18 months of that sentence.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
Related court reports
- ESB worker too late to pursue claim seeking €42k in alleged unpaid overtime
- Balaclava attacker claims car search breached his rights
- Lithuanian man admits engaging in terrorist plot to attack mosque
- Mosque bomb attack accused argues he can't get a fair trial
- Judge should have convicted drivers caught like 'fish in a barrel' in 'unjust speed zone'
- Seven years for sex offender who repeatedly recorded himself assaulting sleeping woman
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request