Courts / Ireland / Report

Court rejects rapist's claims conviction was unsafe because victim did not say she wasn't consenting

Summary

A now-21-year-old man who orally raped, sexually assaulted and attempted to rape a girl when they were both 17 has had his conviction upheld by the Court of Appeal. The man had argued that his conviction was unsafe because the victim did not convey to him that she was not consenting. His barristers 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. The Court of Appeal has upheld the conviction, finding that the trial judge had adequately charged the jury on the issue of consent. In dismissing the appeal, Mr Justice Anthony M Collins said the judge gave "clear and detailed" directions to assist the jury in its assessment of the facts relevant to the appellant's mens rea as well as regards consent and the defence of honest belief. The offences took place in January 2022, when both the man and the victim were 17.

Who, what, where, when and why

What: Report matter: Court rejects rapist's claims conviction was unsafe because victim did not say she wasn't consenting. Procedural stage: appeal

When:

• January 2022 Hearing Or Sentence
• 2026-07-29 Publication

Why: The man had argued that his conviction was unsafe because the victim did not convey to him that she was not consenting. CNI source report

Places mentioned

Topics

Stage Appeal

Read the original CNI report