Courts / Ireland / Report

Rapist fails to convince appeal that victim should have been cross-examined on contraceptive bar

Summary

The Court of Appeal has dismissed the appeal of an unnamed 34-year-old man, who was convicted by a Central Criminal Court jury in February 2023 of raping a 15-year-old girl in a midlands town in January 2019. The appellant, who does not accept the verdict, argued that the trial judge erred in refusing to allow his legal team to cross-examine the victim regarding a contraceptive bar she was using at the time. Mr Justice Patrick McCarthy, delivering the judgment for the three-judge court, ruled that the trial judge did not fall into error in exercising his discretion. The court found that evidence of the victim's contraception was irrelevant to the issue of whether she had consented or engaged in sexual intercourse with the accused, noting it was material that should not be introduced under applicable legislation. The man was sentenced by Mr Justice Paul Burns to ten years' imprisonment, with the final year suspended for three years under probation supervision. The sentencing judge noted the man opportunistically took advantage of being alone with the girl, was aware of her approximate age, and used verbal abuse during the attack. The court also acknowledged the physical injuries the victim sustained. The man had denied sexual contact with the girl, claiming she had not reported the incident immediately, though she later disclosed the events to gardai after seeking hospital treatment for injuries.

Who, what, where, when and why

What: Report matter: Rapist fails to convince appeal that victim should have been cross-examined on contraceptive bar. Procedural stage: appeal. Findings: Convicted

When:

• February 2023 Hearing Or Sentence
• January 20, 2019 Hearing Or Sentence
• 2025-07-18 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report