Courts / Ireland / Report

Judges criticise six-day cross examination of boy raped by father

Summary

The Court of Appeal has criticised the six-day cross-examination of a 12-year-old boy in an appeal against his father's 2016 conviction. The father, a 70-year-old UK national, was convicted of nine counts of raping his son from age six and one count of child cruelty for locking the boy in a box. He received a 15-year sentence, with the final year suspended, and a four-year supervision order. His partner, also from the UK, was convicted of child cruelty but acquitted of sexual assault allegations. The appeal, presided over by Mr Justice George Birmingham, is ongoing. Counsel for the appellant argued that evidence of a video showing consensual sexual acts was prejudicial and irrelevant, while the DPP contended it was probative. The court also addressed the admissibility of the father's previous theft convictions. The boy, who was removed from the family home in 2011, provided a victim impact statement expressing severe trauma. The matter was adjourned and continues tomorrow.

Who, what, where, when and why

What: Report matter: Judges criticise six-day cross examination of boy raped by father. Charges or matters: child cruelty but was acquitted of sexual assault relating to allegations made by the boy that she had sex or simulated sex with him when he was six or seven years old. Procedural stage: appeal. Findings: Acquitted

When:

• March 2012 Hearing Or Sentence
• 2021-01-11 Publication

Why: This was, Mr Cody said, prejudicial to his client and not relevant because the video was recorded some six years before the alleged rapes. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Theft Violent Crime

Read the original CNI report