Court turns down release bid by man who raped sister

A convicted sex offender challenging his detention for the statutory rape of his sister is to remain behind bars, the High Court ruled today.

Coming after Friday’s Supreme Court decision to rearrest Mr A, Simon Murphy’s application to be set free has been refused.

The 53-year-old Wexford publican is serving an eight-year sentence for the statutory rape of his younger sister and the sexual assault of three other women.

A father-of-four from Ramsgrange, New Ross, he pleaded guilty in 2002 to having sex with his sister and sexually abusing three other girls more than 25 years ago.

Mr Justice Paul Gilligan said: “The applicant’s application for his release from custody pursuant to article 40 of the constitution is refused and the application will be dismissed.”

Murphy is now back behind bars at Dublin’s Wheatfield Prison. His lawyers had claimed his detention was unlawful in the wake of the law on statutory rape being struck down two weeks ago.

They based their case on last Tuesday’s release of Mr A. But on Friday the State won its appeal against the decision and saw him rearrested.

Five judges sitting in the Supreme Court found that, because Mr A knew the age of his 12-year-old victim and pleaded guilty at the time, he had no case for release. He had admitted plying her with alcohol before having sex with her.

Mr Justice Gilligan today adjourned until July 19 an application by a 33-year-old Galway man who was jailed for unlawful carnal knowledge and a string of sexual assaults.

Gerard Barrett was convicted in June 2003 for the statutory rape of a girl under 15. He was jailed for eight years for the attack and four years for five counts of assault causing harm. The last two years of the eight-year sentence were suspended.

An appeal by a third man, who cannot be named, was also adjourned until the same date. The 29-year-old was jailed earlier this year after pleading guilty to having sex with a 16-year-old girl. He was 27 at the time of the offence.

All the men had been charged under a 1935 law governing statutory rape which has been deemed unconstitutional as it did not allow an accused person to put forward a defence that he had made an honest mistake as to the girl’s age.

On Friday new legislation was also passed making engaging in a sexual act with a child under 15 an offence punishable by a prison sentence of up to a life term. Engaging in a sexual act with a child between 15 and 17 would be punishable by up to five years in jail, or 10 years where the accused was a person in authority.

The Bill allows for a defence of mistaking the age of a youngster.

Taoiseach Bertie Ahern is likely to face tough questions in the Dáil today about handling of the Mr A Case after the Government cancelled the week-long Dáil June break.