Courts / Dublin / Report

Down syndrome woman did not have the capacity to consent to sexual intercourse, rape trial told

Date
2015-12-04

Stage
Trial

Primary locality
Dublin

County
Dublin

Summary

In a Dublin rape trial, a 34‑year‑old man was accused of luring a woman with Down syndrome to his home and raping her on 12 June 2013. He admitted some sexual contact but claimed it was consensual and that he was unaware of her mental impairment. The court heard that it is an offence to have sex with a person who cannot live independently or protect themselves from serious exploitation. Psychologist Fergal Rooney testified that the woman lacked the capacity to consent to sexual intercourse, had a trusting view of others, could not advocate for herself, and had a significant deficit in sexual knowledge, including an inability to understand pregnancy or sexually transmitted diseases. Rooney also noted she could not determine appropriate responses to ambiguous situations. Defence counsel Padraig Dwyer acknowledged that people with intellectual disabilities have sexual desires and that the law has a grey area, but no national policy exists. The unnamed 34-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Down syndrome woman did not have the capacity to consent to sexual intercourse, rape trial told. Charges or matters: rape, sexual assault and having sex with a mentally impaired person at his Dublin home on June 12, 2013. Procedural stage: trial

When:

June 12, 2013 Incident
2015-12-04 Publication

Why: He told Caroline Biggs SC, prosecuting, that the woman had a trusting perspective of others because life hadn't taught her to be cautious or suspicious of others. CNI source report