Courts / Ireland / Report
Court upholds man's conviction for beating and raping wife
Summary
In a Laois case, a 46‑year‑old man was convicted of rape after he admitted assaulting his wife by punching her in the face on 8 January 2015. The Central Criminal Court jury found him guilty of rape and he was sentenced to seven years' imprisonment, with the final two years suspended by Mr Justice Paul Butler on 20 December 2016. The conviction was upheld on appeal by Mr Justice George Birmingham, who noted the couple's long‑standing marital difficulties, the wife's fear for her life, and the husband's claims of intent to rape. The appeal was dismissed on the basis that the trial judge's directions on recklessness and resistance were not erroneous, and that the jury had considered the evidence as a continuous event. The case remains a rare instance of marital rape conviction in Ireland, the fourth since 1990. The unnamed 46-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Court upholds man's conviction for beating and raping wife. Charges or matters: raping the woman but admitted assaulting her by punching her in the face on the same occasion on January 8, 2015 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. Procedural stage: appeal
When:
- January 8, 2015 Hearing Or Sentence
- December 20, 2016 Hearing Or Sentence
- 2018-05-10 Publication
Why: She was restricted from driving the family car because the husband felt her driving "did not achieve optimum fuel consumption". CNI source report
Case subjects
Convicted Person
Charges: raping the woman but admitted assaulting her by punching her in the face on the same occasion on January 8, 2015 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 (Alleged Or Contested)
Plea: Not guilty
Outcome: A Laois man jailed for beating and raping his wife has lost an appeal against his conviction which centred on the question of consent. The 46-year-old man, who cannot be named to protect the victim's identity, had pleaded not guilty to raping the woman but admitted assaulting her by punching her in the face on the same occasion on January 8, 2015 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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