Ireland Man looks set to win appeal over conviction for sex with minor after Supreme Court ruling
A man, aged 19 at the time, was convicted in May 2021 of defilement of a girl aged 15 and was jailed for one year and 10 months, although he denied both charges. He was acquitted of a separate rape charge. He won a High Court challenge to section 3.5 of the Criminal Law (Sexual Offences) Act 2006, and the State appealed to the Supreme Court. On 28 August 2023 the seven-judge Supreme Court unanimously dismissed the State's appeal and found section 3.5 unconstitutional, so his conviction is expected to be overturned, though the DPP could seek a retrial and his separate Court of Appeal appeal is pending.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court28 Aug
2 reports - Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- A man was jailed for almost two years for defiling a girl aged 15 when he was 19.
- Other details
- The case record lists the victim as a woman aged 15, while the articles describe a girl aged 15.
- The DPP could decide to seek a retrial.
- The judgment does not affect section 2 of the Act, which concerns sexual acts with children under 15.
- Charges
- The man was convicted in May 2021 of defilement of a child aged 15 when he was 19.
- The man denied both the defilement charge and a separate rape charge.
- The man was acquitted of the separate rape charge.
- In court
- The State appealed to the Supreme Court after the man won a High Court challenge to section 3.5.
- Section 3.5 imposes a balance-of-probabilities burden on a man who claims he was reasonably mistaken about the girl's age.
- On 28 August 2023 the seven-judge Supreme Court unanimously dismissed the State's appeal against the High Court finding that section 3.5 is unconstitutional.
- The Supreme Court ruled that this burden impairs the presumption of innocence or fails to guarantee a fair trial, while the rest of section 3.5 remains capable of operation.
- Sentence
- The man was sentenced to one year and 10 months imprisonment for the defilement offence.
- The man is serving a sentence for a separate offence and is not due for release before 2025.
- Investigation
- Legal sources anticipate the 2021 conviction will be overturned, and the man has separately appealed it to the Court of Appeal.
16 statements extracted from the articles
- whatA man was jailed for almost two years for defiling a girl aged 15 when he was 19. (irishtimes.com)
- chargeThe man was convicted in May 2021 of defilement of a child aged 15 when he was 19. (irishtimes.com)
- courtThe Supreme Court declared the age-mistake defence's burden of proof provision unconstitutional. (irishtimes.com)
- courtThe seven-judge court unanimously dismissed the State's appeal against a High Court finding that section 3.5 is unconstitutional. (irishtimes.com)
- courtThe man was acquitted of a separate charge of rape. (irishtimes.com)
- courtThe State appealed to the Supreme Court after the man won a High Court challenge. (irishtimes.com)
- courtThe man sought to support his claim that he was reasonably mistaken about the girl's age. (irishtimes.com)
- courtLegal sources anticipate the man's 2021 conviction will be overturned, which he has separately appealed to the Court of Appeal. (irishtimes.com)
- sentenceThe man was sentenced to one year and 10 months imprisonment for the defilement offence. (irishtimes.com)
- sentenceThe man is serving a sentence for a separate offence and is not due for release before 2025. (irishtimes.com)
- otherThe man denied both offences. (irishtimes.com)
- otherThe Supreme Court ruled that the balance-of-probabilities burden on those claiming reasonable mistake about age impairs the presumption of innocence or fails to guarantee a fair trial. (irishtimes.com)
- otherThe rest of section 3.5, including the requirement to establish reasonable doubt about the age mistake, remains capable of operation. (irishtimes.com)
- otherThe DPP could decide to seek a retrial. (irishtimes.com)
- otherThe Supreme Court concluded that section 3.5 is unconstitutional. (irishtimes.com)
- otherThe judgment does not affect section 2 of the Act, which concerns sexual acts with children aged under 15. (irishtimes.com)
The reporting
newest first- 28 Aug2023Man looks set to win appeal over conviction for sex with minor after court strikes down provision of law
Supreme Court ruling that section 3.5 of the Criminal Law (Sexual Offences) Act 2006 is unconstitutional. The man's 2021 conviction is expected to be overturned, though the DPP could seek a retrial. The man was 19 at the time of the offence, and his current age is not given.
convicted, malevictim, 15, female - 28 Aug2023Law on proof of ‘reasonable mistake’ about age in teen sexual offence cases struck down
Supreme Court judgment on the constitutionality of the standard of proof in section 3.5 of the 2006 Act, in a case brought by a man convicted in May 2021. No existing case in the list covers this incident or appeal.
convicted, malevictim, 15