Six years for Wexford man who felt it is not possible to rape wife
The 53-year-old, who cannot be named to protect the victim’s anonymity, told gardaí that he did not think it was possible for a husband to rape his wife.
The man had pleaded not guilty to rape and false imprisonment of his wife at her home in Co Wexford in October 2011.
At his sentencing hearing 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 the court the victim said she did not want her husband to serve any more jail time. The couple are Polish and had lived in Ireland for several years before the incident. They have since separated.
Mr Justice Patrick McCarthy
noted that the accused felt he was entitled to do what he did but he said this was not the case.
“The offences were unlawful,” he said. “There could be no question, even subjectively speaking, of any view that there was some form of consent.”
Gda Joyce told Mr Justice McCarthy that the victim had declined to to make a victim impact statement.
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.
He also asked the judge to consider a possible “clash of cultures with regard to what is tolerated in one country and another”.
Mr Justice McCarthy noted there was no sign of contrition on the part of the accused but that he would still hold out some light at the end of the tunnel for the man.
