Courts / Ireland / Report
Husband jailed for marital rape brings appeal
Summary
A 46‑year‑old Laois man was convicted of marital rape and sentenced to seven years' imprisonment, with two years suspended, after a Central Criminal Court jury found him guilty of raping his wife on 8 January 2015. He had pleaded not guilty to the rape charge but admitted assaulting her by punching her face on the same occasion. The conviction centred on the question of consent. The man, who cannot be named to protect the victim's identity, has now moved to appeal, arguing that the trial judge erred in directing the jury on recklessness, misdirected the jury on resistance under section 9 of the Criminal Law (Rape) (Amendment) Act 1990, and failed to withdraw the case from the jury. His barrister, Caroline Biggs SC, presented evidence that the couple had been married for 21 years, that the wife had been assaulted and that she later described the subsequent act as consensual sex.
Who, what, where, when and why
What: Report matter: Husband jailed for marital rape brings appeal. Charges or matters: raping the woman on January 8, 2015 but admitted assaulting her by punching her in the face on the same occasion. Procedural stage: appeal
When:
- January 8, 2015 Hearing Or Sentence
- December 20, 2016 Hearing Or Sentence
- 2018-02-05 Publication
Why: In evidence, she said she was afraid because she thought her face was badly hurt from the assault. CNI source report
Case subjects
Convicted Person
Charges: raping the woman on January 8, 2015 but admitted assaulting her by punching her in the face on the same occasion (Alleged Or Contested)
Plea: Not guilty
Outcome: A Laois man jailed for beating and raping his wife has moved to appeal his conviction which centred on the question of consent. He was unanimously found guilty of rape by a Central Criminal Court jury and sentenced to seven years imprisonment with the final two suspended by Mr Justice Paul Butler on December 20, 2016.
Places mentioned
- Central Criminal Court
- Court of Appeal
- Supreme Court
Topics
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