25% think judge right to let rapist walk free

Being drunk is not a valid excuse for rape, writes Conor Ryan.

A QUARTER of people support the controversial decision of Mr Justice Paul Carney 12 months ago to allow the man convicted of raping Ennis woman Mary Shannon to walk free from court.

Despite 20-year-old bricklayer Adam Keane being found guilty of raping Ms Shannon Mr Justice Carney handed down a suspended sentence. He did so because Keane had been drunk, blacked out and held good character references.

In December the Court of Criminal Appeal quashed this conviction and instead jailed Keane for 10 years.

The court said the fact he was drunk and had taken drugs was no excuse while the fact he was young and without a criminal record only made his crime more unfortunate.

An Irish Examiner/Red C poll has found 75% of people think the court of appeal made the right decision.

The poll asked people if a man rapes a woman using the same mitigating factors as used in Keane’s defence, should he be entitled to a suspended sentence?

Although one in 20 people strongly agreed with Mr Justice Carney’s initial approach the vast majority sided with the appeal court.

And 37% strongly opposed Mr Justice Carney’s philosophy when he said he would not feel comfortable jailing Keane.

Unusually, more women than men agreed jail was not necessary and more than a third of women older than 45 thought a suspended sentence was a reasonable punishment.

The issue is particularly pertinent because alcohol is a significant issue in many rape and sexual assault cases.

According to the comprehensive Sexual Assault and Violence in Ireland report in 2002, alcohol was involved in 50% of all sexual assault incidents. And in 84% of cases where a woman was the victim the perpetrator was the only person drinking.

Although the alcohol debate exploded last year when Ms Shannon waived her right to anonymity and protested against the suspended sentence, Mr Justice Carney’s decision had its roots in an intercourt argument dating back to the 2002 case referred to by the court service as the NY case. In that case, the court of appeal suspended the majority of a custodial sentence imposed by Mr Justice Carney on another teenager who anally raped a girl as she slept at a party.

Unlike Keane the man in the NY case had pleaded guilty and served seven months in jail before being sentenced.

Comparing both cases in December, the court of appeal said the fact both rapists had argued they were young and had been too drunk to realise what they were doing was never enough in isolation to justify the exceptional circumstances needed to justify a suspended sentence.

“The fact Keane took drink and some drugs so that he could not remember what had occurred does not absolve him from criminal responsibility as the jury correctly concluded.

“It is unfortunate that a young man in his late teens with no previous criminal record should commit the crime. The fact that drink and drugs played a part does not absolve him from his answerability to the law and society,” the appeal court said.

Since its ruling in this case, Mr Justice Carney has said he accepts and will abide by the directions given by the higher court.