Courts / Dublin / Report

Direction to acquit child rape accused because alleged victim had touched him on invitation, was wrong, appeal court finds

Date
2023-11-16

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

The Court of Appeal has overturned a trial judge's direction to acquit an unnamed 34-year-old man of rape, finding the ruling was wrong in law. The appellant, who pleaded not guilty, was originally charged with one count of rape and two counts of sexual assault, alleging that between January and September 2005, he sexually assaulted his six-year-old cousin in Dublin. At the Central Criminal Court trial in June 2022, Mr Justice David Keane directed the jury to discharge the rape charge, reasoning that the complainant had touched the accused on his invitation, meaning no assault occurred. The State appealed, arguing that any intentional touching without consent constitutes an assault. In its judgment, the Court of Appeal, led by Mr Justice John Edwards, stated that a child under the statutory minimum age cannot legally consent to such touching. The court ruled that the invitation itself could constitute force or impact, an issue that should have been left to the jury. Consequently, the appeal was allowed, and the DPP was granted permission for a retrial. The matter was adjourned, with the DPP directed to re-enter the case in the next list to fix dates at the Central Criminal Court on December 6.

Who, what, where, when and why

What: Report matter: Direction to acquit child rape accused because alleged victim had touched him on invitation, was wrong, appeal court finds. Procedural stage: appeal

When:

January 1, 2005 Incident
September 30, 2005 Incident
June 30, 2022 Hearing Or Sentence
December 6 Hearing Or Sentence
June 2022 Hearing Or Sentence
2023-11-16 Publication

Why: The man, who cannot be named because it could identify his alleged victim, was charged with one count of rape and two counts of sexual assault. CNI source report