Courts / Dublin / Report
Rapist father loses appeal on basis that daughter failed to notice penis implants
Summary
In July 2020 the Court of Appeal dismissed a 51‑year‑old man's appeal against a 12‑year imprisonment sentence for orally raping his daughter between 2009 and 2011. The appeal argued that the daughter had not noticed three plastic implants surgically inserted under the man's foreskin, which were visible in photographs presented to the jury. The court held that a child abused in a stressful context would not have been able to distinguish the implants, and that the evidence presented by the prosecution was sufficient. The appeal was rejected, and the original conviction and sentence, with a six‑month suspended portion, remained in force. The court noted that the jury had been properly directed on the evidence and that no injustice had been created by the lack of a further statement from the complainant.
Who, what, where, when and why
What: Report matter: Rapist father loses appeal on basis that daughter failed to notice penis implants. Procedural stage: appeal. Findings: Found guilty
When:
- October 2009 Hearing Or Sentence
- July 2011 Hearing Or Sentence
- January 14, 2019 Hearing Or Sentence
- July 2014 Incident
- 2020-07-23 Publication
Why: Mr McGinn explained that photographs of the man's penis had gone to the jury to show them what the implants looked like. CNI source report
Case subjects
Appellant
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a Central Criminal Court jury and sentenced to 12 years imprisonment with the final six months suspended by Ms Justice Tara Burns on January 14, 2019.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
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