Father who raped son loses conviction appeal

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

A father who was convicted of repeatedly raping his son has lost an appeal against his conviction. The Court of Appeal decision was delivered on 20 April 2021 by its president, Mr Justice George Birmingham.

Following a 2016 Central Criminal Court trial, the father was convicted of anally raping the boy on nine occasions and of child cruelty for locking him in a box. He was acquitted of raping him with a poker. Other charges alleging that he forced the boy to have sex with his mother were withdrawn from the jury.

Trial judge Mr Justice Robert Eagar imposed a 15-year sentence, suspending the final year. The father had been registered as a sex offender and was to be subject to a four-year supervision order on release.

The boy was 12 when he gave evidence over nine days, including six days of cross-examination. Mr Justice Birmingham said the length of his evidence was a cause of very great concern. Colman Cody SC, who conducted the questioning, had argued that it was justified by the unusually complex allegations; the judge accepted that the case was difficult and complex but said the court's concerns remained.

Mr Cody argued that a video of consensual sexual activity involving the father was prejudicial and proved nothing because it was made six years before the offences. Mr Justice Birmingham said other aspects made it admissible, including that it showed the father's practice of videotaping and supported the boy's account that pornography was viewed in the house.

The man's partner was convicted of child cruelty and sentenced to 18 months. She was found not guilty of sexual assault relating to allegations involving her child.