Supreme Court to hear appeal by woman charged with sexual assault of disabled sons
A woman charged with four counts of sexual assault and a count of allowing a child in her custody to be assaulted was acquitted in the Circuit Court in 2021 after the judge excluded a forensic psychologist's evidence. The Court of Appeal quashed the acquittal and directed a retrial, and the Supreme Court has agreed to hear her appeal on the admissibility of the evidence.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court8 Feb
- Verdict
- Sentenced
Key facts
consolidated from all reports12 statements extracted from the articles
- investigationThe forensic psychologist interviewed the mother as part of separate non-criminal proceedings about the arrangement of care for her sons. (irishtimes.com)
- investigationDuring the interviews the woman made significant admissions that formed the basis of the charges brought by the DPP. (irishtimes.com)
- chargeThe woman was charged with four counts of sexual assault and a count of allowing a child in her custody to be assaulted, ill-treated, neglected or exposed to unnecessary suffering. (irishtimes.com)
- courtIn 2021 the woman was acquitted in the Circuit Court of the counts relating to her sons. (irishtimes.com)
- courtThe Court of Appeal directed a retrial. (irishtimes.com)
- courtThe Circuit Court judge noted the length, nature and duration of the interviews, the use of a lie detector, and that the DPP had previously told her a decision had been made not to prosecute. (irishtimes.com)
- courtThe judge said the woman should have been given access to a solicitor, informed of her right to a solicitor, and cautioned at the start of each interview. (irishtimes.com)
- courtThe Court of Appeal noted the mother had extensive legal advice in the fortnight before the admissions were made. (irishtimes.com)
- courtThe Court of Appeal quashed the acquittal and directed a retrial of the four counts of sexual assault contrary to section 2 of the Criminal Law (Rape) Act of 1990 and a count contrary to section 246(1) and (2) of the Children Act of 2001. (irishtimes.com)
- courtA three-judge Supreme Court panel of Ms Justice Elizabeth Dunne, Ms Justice Marie Baker and Mr Justice Brian Murray found the appeal met the constitutional criteria to be heard. (irishtimes.com)
- otherThe woman said her consent to the assessment process was not voluntary as she had to comply to gain access to her children. (irishtimes.com)
- otherA date for the Supreme Court appeal has not yet been set. (irishtimes.com)
The reporting
newest first- 8 Feb2023Supreme Court to hear appeal by woman charged with sexual assault of disabled sons
Reports that the Supreme Court has agreed to hear the woman's appeal against the Court of Appeal's decision to quash her acquittal and direct a retrial. The key legal issue is the admissibility in a criminal trial of admissions made during psychological assessments conducted for civil proceedings, where the woman was not cautioned and did not have access to legal advice.
accused, femalevictim, malevictim, male