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Rapist appeals conviction, saying victim failed to say that she was not consenting
Summary
A 21-year-old man, who was convicted of oral rape, attempted rape, and sexual assault when he was 17, has appealed his conviction, arguing that the victim did not clearly express a lack of consent. The appeal claims that the victim's statement about not having sex without a condom suggests she may have consented if one had been used. The victim had kissed the appellant before the incident, and the case hinges on the interpretation of consent. The trial judge had emphasized that consent must be active and that silence does not imply consent. The appeal also challenges the admissibility of a statement the appellant made during a garda interview and the lack of CCTV footage. The court has reserved judgment on the appeal, with the case awaiting a decision from the Court of Appeal.
Who, what, where, when and why
What: Report matter: Rapist appeals conviction, saying victim failed to say that she was not consenting. Procedural stage: appeal. Findings: Convicted
When:
- January 2022 Hearing Or Sentence
- 2026-05-18 Publication
Why: At the Court of Appeal today, barristers for the man submitted that because the girl said she would not have sex as the man did not have a condom, this suggested that if he did have one, she may have had sex. CNI source report
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; In response, counsel for the State, Dominic McGinn SC, said that the conversation that took place in the appellant's house during which he lied was not a detention in the legal sense, so it was not a form of interview that required safeguards.
Places mentioned
- Court of Appeal
Topics
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