Tuesday 23 January 2018

Man who raped and assaulted his wife to appeal his conviction

Conor Gallagher

A man who raped and assaulted his wife as their marriage was breaking down is to appeal his conviction.

The 42-year-old was jailed for ten years in July after being convicted by a jury in the Central Criminal Court.

He was only the third person to be convicted for marital rape since rape within a marriage was made illegal in 1990.

The trial heard the woman had to stay in contact with her husband after the rape so he could have court ordered access to their child.

In June, a jury of eleven men and one woman convicted him of raping his wife in their home in May, 2014 and of threatening to cut her face.

He was also convicted of threatening to kill the woman the next day over the phone.

He had previously pleaded guilty to attempting to cause serious harm to the woman and of assaulting her mother on August 7th, 2014 during the hammer attack outside the mother's Dublin home.

The jury could not reach a verdict on other counts of assault and threats to cause harm.

Ms Justice Isobel Kennedy imposed a sentence of 12 years for the count of rape but suspended the final two years. 

She imposed lesser sentences for the other counts, but ordered they run concurrently with the rape sentence.

On Monday, the court heard the DPP is seeking another trial date for the remaining assault and threats charges.

This was adjourned until May 2017 to facilitate the accused's appeal against the rape conviction.

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