Courts / Ireland / Report

Man has rape conviction quashed over ruling which prevented questioning girl (15) over contraceptive pill

Summary

In 2018 a 25‑year‑old man's rape conviction was quashed after the Court of Appeal ruled that his lawyers had been prevented from questioning a 15‑year‑old complainant about her use of a contraceptive pill. The man had been found guilty by a Central Criminal Court jury in 2016 and sentenced to eight years' imprisonment. The defence had argued that the girl's sexual activity was consensual and that she had been sexually active before the alleged rape, citing text messages and a photo of a male penis. The trial judge had ruled that these materials did not prove close sexual relations and that questioning the girl about her pill use would be degrading. The Court of Appeal agreed that the judge had wrongly excluded questions about why the girl was on the pill, an issue it deemed important for the jury's credibility assessment. The unnamed 15-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Man has rape conviction quashed over ruling which prevented questioning girl (15) over contraceptive pill. Charges or matters: rape and defilement of the girl at his home between October 4 and 5, 2014 when he was 21 and the girl aged 15. Procedural stage: appeal. Findings: Found guilty

When:

• October 4 Hearing Or Sentence
• July 29, 2016 Hearing Or Sentence
• 2018-06-21 Publication

Why: The trial judge said the defence had put forward a "bald proposition" that the girl was on the pill because she was sexually active. Defence account reported by CNI

Case subjects

Places mentioned

Topics

Sexual Offences Stage Appeal

Read the original CNI report