Courts / Ireland / Report

Man jailed for raping boy (7) argues child was given incorrect information about other arrest

Date
2024-01-26
Stage
Appeal

Summary

In a Central Criminal Court trial, a 49‑year‑old man was convicted of raping and sexually assaulting his partner's seven‑year‑old son between 1 May and 30 September 2016. The boy was in the shower when the man entered, claiming his mother had asked him to shower with him, and the man then sexually assaulted and raped the child. The conviction was upheld in a Court of Appeal hearing where the appellant argued that the trial was unfair because the boy had been given erroneous information that the accused had previously been in custody for raping a girl. The appellant's counsel claimed this information, presented on a DVD, could have influenced the boy's initial complaint and interview. The court reserved judgment on the appeal. The original sentencing, imposed by Ms Justice Mary Ellen Ring, was eight years' imprisonment for rape and three years and six months for sexual assault, to run concurrently.

Who, what, where, when and why

What: Report matter: Man jailed for raping boy (7) argues child was given incorrect information about other arrest. Charges or matters: one count of rape and one count of sexually assaulting the boy on a date between May 1, 2016 and September 30, 2016 following a Central Criminal Court trial last July; the offence of using communication technology to facilitate sexual exploitation of a child contrary to section 8 of the Criminal Law (Sexual Offences) Act of 2017 and received a fully suspended sentence. Procedural stage: appeal. Findings: Convicted

When:

Why: A man jailed for raping his partner's seven-year-old son in the shower has appealed his conviction, arguing that his trial was unfair because the boy was given "erroneous" information prior to his initial complaint that the accused was previously in custody for the rape of a girl. CNI source report

Case subjects

Unnamed 49-year-old

Convicted Person

Charges: one count of rape and one count of sexually assaulting the boy on a date between May 1, 2016 and September 30, 2016 following a Central Criminal Court trial last July; the offence of using communication technology to facilitate sexual exploitation of a child contrary to section 8 of the Criminal Law (Sexual Offences) Act of 2017 and received a fully suspended sentence (Proven)

Finding: Convicted

Outcome: Convicted; A man jailed for raping his partner's seven-year-old son in the shower has appealed his conviction, arguing that his trial was unfair because the boy was given "erroneous" information prior to his initial complaint that the accused was previously in custody for the rape of a girl. She imposed an eight-year prison sentence for the count of rape and three years and six months for the sexual assault, to run concurrently.

Places mentioned

Court Venue
  • Central Criminal Court
  • Court of Appeal

Topics

Stage Appeal Violent Crime

Read the original CNI report

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