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'Can I go home now?': man has conviction for sex assault on asylum seeker overturned
Summary
A 55‑year‑old man was convicted of sexually assaulting an asylum seeker who claimed she had never had sex before a Muslim ceremony. The conviction was quashed by the Court of Appeal after new phone‑data showed the woman had searched for sexual information, suggesting she had prior sexual experience. The judge said this fresh material could have affected the jury's verdict and ordered a retrial. The man was remanded in custody until 7 June with bail. He had pleaded not guilty to multiple counts of rape, sexual assault and attempted rape. The original trial found him guilty of one count of sexual assault, sentencing him to six years with six months suspended and a four‑year post‑release supervision order. The appeal court will adjourn the case to the next legal term for DPP instructions. The man cried and asked, "Can I go home now?".
Who, what, where, when and why
What: Report matter: 'Can I go home now?': man has conviction for sex assault on asylum seeker overturned. Charges or matters: a sexual assault alleged to have occurred on December 1, 2017, in County Dublin. Procedural stage: appeal
When:
- June 7th Adjournment
- December 1, 2017 Incident
- April 2021 Incident
- November 2017 Hearing Or Sentence
- March 2017 Hearing Or Sentence
- December 1 Incident
- December 3, 2017 Incident
- July 2021 Incident
- May 2018 Incident
- 2023-05-22 Publication
Why: He claimed that they had consensual sexual activity which terminated because of his inability to get an erection. CNI source report
Case subjects
Appellant
Charges: a sexual assault alleged to have occurred on December 1, 2017, in County Dublin (Alleged Or Contested)
Plea: Not guilty
Outcome: A man who was jailed for sexually assaulting an asylum seeker he claimed he had just married in a Muslim ceremony has had his conviction quashed by the Court of Appeal, after new evidence came to light about her sexual experience. In a July 2021 sentence hearing, Mr Justice Owens had imposed a sentence of six years and suspended the final six months on condition that the man keep the peace and be of good behaviour for those six months.; After his conviction was quashed today, the man began to cry and asked: "Can I go home now?" The Court of Appeal ordered that a retrial take place and remanded the accused man in custody until June 7th, with consent to bail.
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