Courts / Louth / Report

Ex-Soldier who sexually assaulted female at barracks fails in appeal

Date
2016-06-17
Stage
Appeal
Primary locality
Dundalk
County
Louth

Summary

An ex‑soldier aged 42, whose lawyers argued that indecent proposals or behaviour did not amount to sexual assault, had his appeal against a court‑martial dismissed by the Court of Appeal. He had been convicted on a charge of sexual assault and four charges of conduct contrary to good order and discipline at Aiken Barracks, Dundalk, on 30 October 2013. The Defence Force board imposed penalties ranging from fines to detention and discharge. In the appeal, the barrister contended that indecent proposals or behaviour do not constitute a sexual assault. Justice Alan Mahon rejected this, describing the victim's account of the soldier's repeated unwanted advances, including entering a female changing area and shower cubicle while undressed, exposing himself, and the victim's feelings of fear, discomfort and violation. The Court of Appeal found the evidence sufficient to uphold the original conviction and dismissed the appeal. The former soldier remains on continuing bail pending his sentence hearing.

Who, what, where, when and why

What: Report matter: Ex-Soldier who sexually assaulted female at barracks fails in appeal. Procedural stage: appeal. Findings: Convicted

When:

Why: There was a momentary contact because of their proximity in the shower. CNI source report

Case subjects

Unnamed 42-year-old

Appellant

Finding: Convicted

Outcome: Convicted; He was convicted by a board of Defence Force members and the penalties imposed by Military Judge Colonel Michael Campion ranged from fines to detention and discharge.; He was remanded on continuing bail until the conclusion of his sentence hearing.

Places mentioned

Court Venue
  • Court of Appeal
Incident

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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