What is rape in Ireland?

midlandsmissus · 27-02-2016 12:17AM #1

A man has just been found not guilty in Donegal of a rape that he admitted doing in his police interviews.

What are your thoughts on this?

keith16 · 27-02-2016 12:19AM

He raped someone in his police interviews?

What was the interview question, "DID HE RAPE YOU LIKE THIS?"

midlandsmissus · 27-02-2016 12:21AM

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keith16 wrote: »

He raped someone in his police interviews?

What was the interview question, "DID HE RAPE YOU LIKE THIS?"

Oh rape jokes, always funny, go you!!

timthumbni · 27-02-2016 12:24AM

midlandsmissus wrote: »

A man has just been found not guilty in Donegal of a rape that he admitted doing in his police interviews.

What are your thoughts on this?

Have you a link to this please?

Sonics2k · 27-02-2016 12:25AM

Legally speaking I believe that rape in Ireland can only be done by a male to a female or another male, there has to be non-consensual penetration of the victim.

This site makes it clear. http://www.srcc.ie/frequently-asked-questions-on-rape-or-sexual-assault/what-is-rape-and-sexual-assault.html

I don't know the case the OP was referring to though, so I've no idea why he would be found not guilty if he previously confessed.

Akrasia · 27-02-2016 12:26AM

midlandsmissus wrote: »

A man has just been found not guilty in Donegal of a rape that he admitted doing in his police interviews.

What are your thoughts on this?

My thoughts are that I know absolutely nothing about the details of the case so I can't judge either way

Your Face · 27-02-2016 12:27AM

My thoughts are:
Why would you create this thread?

midlandsmissus · 27-02-2016 12:28AM

Here it is:
http://www.irishtimes.com/news/crime-and-law/courts/criminal-court/man-acquitted-of-raping-woman-in-donegal-on-night-out-1.2549764

Irelandcool · 27-02-2016 12:35AM

Sonics2k wrote: »

Legally speaking I believe that rape in Ireland can only be done by a male to a female or another male, there has to be non-consensual penetration of the victim.

This site makes it clear. http://www.srcc.ie/frequently-asked-questions-on-rape-or-sexual-assault/what-is-rape-and-sexual-assault.html

I don't know the case the OP was referring to though, so I've no idea why he would be found not guilty if he previously confessed.

Actually while it is rarer their have been cases of women committing rape against other women or men.

Sonics2k · 27-02-2016 12:37AM

Irelandcool wrote: »

Actually while it is rarer their have been cases of women committing rape against other women or men.

I'm pretty sure it's counted as sexual assault when a woman does it to a man, legally it's not rape as there is no penetration.

timthumbni · 27-02-2016 12:57AM

midlandsmissus wrote: »

Here it is:
http://www.irishtimes.com/news/crime-and-law/courts/criminal-court/man-acquitted-of-raping-woman-in-donegal-on-night-out-1.2549764

I think I would probably need the full details with this case due to its nature. After watching stuff like making a murderer on Netflix it showed me that some people would admit to literally anything under police pressure. That doesn't mean they didn't do it but rather that more details are required.

Regarding the issue of rape in terms of just because a girl kisses and does other sexual acts with a fella without wanting full sex then I fully support the girl or person in question.

bodice ripper · 27-02-2016 01:01AM

Sonics2k wrote: »

I'm pretty sure it's counted as sexual assault when a woman does it to a man, legally it's not rape as there is no penetration.

Fairly certain I have been penetrated by another woman. It sure seemed that way.

LETHAL LADY · 27-02-2016 01:02AM

Without knowing the full facts of the case I would assume from the article that the garda seems to have messed it up.

27-02-2016 01:07AM

Actual law: http://www.irishstatutebook.ie/eli/1990/act/32/section/4/enacted/en/html#sec4

4.—(1) In this Act “rape under section 4” means a sexual assault that includes—
(a) penetration (however slight) of the anus or mouth by the penis, or
(b) penetration (however slight) of the vagina by any object held or manipulated by another person.

So it's not possible for a woman to rape a man. All other "combinations" (M->M, F->F, M->F) are possible.

In relation to the case referred to in the OP, a confession given by an 18 year old during an interview in which "a garda aggressively questioned and swore at the accused" is not proof beyond reasonable doubt. In a court of law, it was not proved beyond reasonable doubt that the accused assaulted the accuser.

fatknacker · 27-02-2016 01:08AM

"He's very very sorry and won't do it again"

Is this one of these threads where posters will say she should go away behind bars for a few years instead for trying to destroy his life?

the_syco · 27-02-2016 01:11AM

The defence said the garda used very crude language and phrases and spoke over the accused during his interview. The garda said in evidence his interviewing manner was “firm but fair”.

Sounds like he got yelled at until he "admitted" to it? Not sure regarding the woman trying to recant the claim.

Very fishy altogether.

ceadaoin. · 27-02-2016 01:11AM

During cross-examination Shane Costelloe SC, defending, put it to the now 22-year-old woman that she made up a story about being raped because she was embarrassed when friends asked her about a blood stain on her dress afterwards.
“I put it to you that the rape allegation was a response to you being mocked,” counsel said. The woman denied this.

It's stuff like this that deters rape victims from coming forward. After this guy admitted having sex with her without her consent she is still subjected to this rubbish

LETHAL LADY · 27-02-2016 01:18AM

ceadaoin. wrote: »

It's stuff like this that deters rape victims from coming forward. After this guy admitted having sex with her without her consent she is still subjected to this rubbish

Surely this would be a standard defense tactic?

Ice Maiden · 27-02-2016 01:33AM

LETHAL LADY wrote: »

Surely this would be a standard defense tactic?

It's a bit of a leap though, in my opinion.

Mr. CooL ICE · 27-02-2016 01:36AM

Mod:

Folks, be careful of any accusations made against the defendant. Remember that this man was found innocent in a court of law.

osarusan · 27-02-2016 01:42AM

Nicolas Cage wrote: »

Mod:

Remember that this man was found innocent in a court of law.

Not guilty, rather than innocent.

That's not a comment on this case, but on the actual terms.

There is a difference, and there's a reason it is 'not guilty' rather than 'innocent'.

Mod note: No. He is innocent. The case is closed and under Irish law, the two terms are interchangeable.

Also, don't discuss moderation on thread. Report a moderator's post if it needs attention.

PinkLemonade · 27-02-2016 01:45AM

Was he found innocent or not guilty?
From what I read, it seems as though the victim believed she were raped (during the incident), but the accused didn't realise what he was doing at the time.
I think both of accused and defendant in this case suffered as a result of what happened that night and have a lot of regrets.
The case seems like a grey area-from what I've read, it makes the case for consent classes in colleges....

LETHAL LADY · 27-02-2016 02:16AM

Ice Maiden wrote: »

It's a bit of a leap though, in my opinion.

I'm not justifying it though. Any case, regardless of its nature and since it was brought before the Central Criminal Court I'd assume tough questioning was par for the course.

Princess Consuela Bananahammock · 27-02-2016 10:57AM

osarusan wrote: »

Not guilty, rather than innocent.

That's not a comment on this case, but on the actual terms.

There is a difference, and there's a reason it is 'not guilty' rather than 'innocent'.

Technically, there's no such thing as innocent from a legal point of view.

Hannibelle Smeeeth · 27-02-2016 12:32PM

Admitting it in a police interview is not enough. Do you want me to mention Brendan Dassey?

Your Face · 27-02-2016 01:02PM

Hannibelle Smeeeth wrote: »

Admitting it in a police interview is not enough. Do you want me to mention Brendan Dassey?

You just did.

biko · 27-02-2016 01:15PM

https://www.youtube.com/watch?v=EVcyNANK5cY

Hannibelle Smeeeth · 27-02-2016 01:33PM

Your Face wrote: »

You just did.

Best email notification ever....'Your face has just posted the following in after hours' :pac:

Tigger · 27-02-2016 01:44PM

PinkLemonade wrote: »

Was he found innocent or not guilty?
From what I read, it seems as though the victim believed she were raped (during the incident), but the accused didn't realise what he was doing at the time.
I think both of accused and defendant in this case suffered as a result of what happened that night and have a lot of regrets.
The case seems like a grey area-from what I've read, it makes the case for consent classes in colleges....

consent classes are stupid, i think he thought what he was doing he'd get away with and it turns out he did.

armaghlad · 27-02-2016 01:49PM

Without any more detail it's a case of his word against hers. Guards seem to have messed things up. Unfortunate for the victim that even when he basically admits his guilt he still gets away with it. I don't care what any guard shouts at you, if you're innocent you'll not cave.

Tipperary Fairy · 27-02-2016 01:55PM

armaghlad wrote: »

I don't care what any guard shouts at you, if you're innocent you'll not cave.

Face palm

What is rape in Ireland?

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