Co Laois man loses appeal against marital rape conviction

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

A Co Laois man has lost his Court of Appeal challenge to his conviction for raping his wife. The proceedings were reported on 10 May 2018. The man cannot be named to protect the victim’s identity.

He pleaded not guilty to rape and admitted assaulting his wife by punching her in the face. The assault occurred on 8 January 2015. A Central Criminal Court jury found him guilty of rape. On 20 December 2016, Mr Justice Paul Butler sentenced him to seven years in prison, with the final two years suspended.

The woman said her husband punched her and told her he was going to rape her. She said she then calmed him down and they had sex, adding that she was not physically forced. Prosecuting counsel Pauline Walley SC said the woman participated because it was her way of surviving after being beaten and terrified.

The appeal challenged the trial judge’s directions on recklessness and resistance. Caroline Biggs SC, for the man, argued that there was a break between the assault and penetration, that the woman was voluntarily consenting, and that she accepted fear was not at the forefront of her mind at penetration. Ms Biggs also said the man could not carry out his threat or have the required intent because he could not sustain an erection.

Mr Justice George Birmingham acknowledged that some of the complainant’s evidence was welcome from the defence perspective, but said those answers did not determine an application to direct an acquittal. Sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, he said the jury was in a position to resolve the issues. A further appeal ground concerning the recklessness direction was dismissed.