Courts / Ireland / Report

'The days of 'she didn't fight back' have passed': judge says more conversation on consent needed

Summary

A judge in the Central Criminal Court emphasized the need for more conversations about consent on social media, stating that the days of justifying sexual misconduct by claiming the victim did not fight back have passed. The judge, Ms Justice Mary-Ellen Ring, imposed a three-year sentence on a 21-year-old man for oral rape, attempted rape, and sexual assault committed when he was 17. The victim, who was also 17 at the time, described the incident as occurring in a poorly lit corner of a skatepark. The judge noted the lack of understanding of consent and the impact of the crime on both the victim and the offender. The victim's victim impact statement highlighted the trauma and delays in the legal process. The judge reduced the sentence from six years to three, considering the defendant's youth and lack of prior convictions. The case underscores the importance of consent and the need for better education on the topic.

Who, what, where, when and why

What: Report matter: 'The days of 'she didn't fight back' have passed': judge says more conversation on consent needed. Procedural stage: hearing_or_decision

When:

• January 2022 Incident
• January 2021 Hearing Or Sentence
• February 2023 Incident
• 2025-12-03 Publication

Why: Ms Justice Ring told the woman that a new protocol, which aims to get cases involving a complainant or defendant under 18 into a courtroom within 12 months, are "because of cases like yours". CNI source report

Places mentioned

Topics

Stage Hearing Or Decision Violent Crime

Read the original CNI report