Courts / Ireland / Report
Rapist tried to introduce sexually explicit images found on victim's phone in to evidence
Summary
In a 2017 Court of Appeal decision, a 40‑year‑old rapist lost an appeal against his conviction for two rapes, two anal rapes and assault. The Central Criminal Court had sentenced him to 14 years' imprisonment, with the final year suspended. The appeal centred on the defendant's attempt to introduce sexually explicit images from the victim's phone as evidence. The trial judge had ruled the images irrelevant and refused to admit them. The Court of Appeal, led by Mr Justice George Birmingham, found no basis for the images to meet the statutory relevance requirement, reaffirming the victim's right to privacy. The court dismissed all grounds of appeal and upheld the conviction and sentence. No further procedural steps were indicated in the article. The unnamed 40-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Rapist tried to introduce sexually explicit images found on victim's phone in to evidence. Procedural stage: appeal. Findings: Convicted
When:
- July 19, 2012 Hearing Or Sentence
- April 18, 2016 Hearing Or Sentence
- 2017-05-11 Publication
Why: "Simply because a person makes a complaint that they have been the victim of a crime doesn't mean they abandon their right to privacy. CNI source report
Case subjects
Appellant
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; He was sentenced to 14 years imprisonment with the final year suspended by Ms Justice Margaret Heneghan on April 18, 2016.
Places mentioned
- Central Criminal Court
- Court of Appeal
Topics
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