A man convicted of raping his spouse told gardaí it was not possible for a husband to rape a wife, the Central Criminal Court has heard.
The 53-year-old pleaded not guilty to rape and false imprisonment of his wife at her home in Wexford in 2011.
In mitigation, the man’s defence counsel asked the judge to consider a possible “clash of cultures with regard to what was tolerated in one country and another”.
Garda Cliona Joyce told Thomas Creed, prosecuting, the couple, from Poland, had been living in Ireland for seven years before the incident and had separated due to the man’s alcoholism and his aggression towards her.
On October 13, 2011, she received texts and calls from him asking could he visit her at her home. She refused. He nevertheless arrived and she agreed to let him in. When she told him she did not wish to see him anymore, he said he had come to make love to her and began dragging her to the bedroom.
She tried to use her phone and to open the front door to call for help but he barred her way and forced her into the bedroom, where he raped her. He was arrested 11 days later. He admitted being at the house and preventing her from leaving, but denied raping her.
Garda Joyce agreed with Mr Creed he told gardaí: “I would understand the arrest, but it was my wife” and said it was not possible to rape your own wife.
Analysis of swabs from the woman were positive for his DNA. He was convicted in July and had been in custody since. Garda McCarthy told the court the victim had said that she did not want her husband to serve any more prison time.
John Peart, defending, said it was very unusual for a victim to forgive her attacker in such a way and asked Mr Justice McCarthy to take that into consideration.
Upon hearing Mr Peart’s suggestion that the man be allowed to serve his sentence in Poland, the judge asked the DPP for clarity as to the likelihood of such an application being granted .
The man was remanded in custody until November 16 for sentencing.
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