More conversations about consent are needed online, says judge
Judge made the comments about consent on Wednesday, while imposing sentence on a 21-year-old man convicted of oral rape, attempted rape, and sexual assault.
A Central Criminal Court judge has said more conversations about consent are needed online, adding “the days of she didn’t fight back, scream or run away have passed”.
Ms Justice Mary-Ellen Ring made the comments on Wednesday, while imposing sentence on a 21-year-old man convicted of oral rape, attempted rape, and sexual assault.
He was handed a three-year sentence, with the final year suspended on strict conditions.
The offences took place in January 2022, when both the man and the victim were 17. They went together to a skatepark in Leinster, where there was some consensual kissing between them before the man carried out the offences.
He continues to maintain his innocence and that there was consent to the sexual activity. He has no previous convictions and cannot be identified to protect the woman's right to anonymity.
While finalising sentence, Ms Justice Ring said this was “sadly yet another case where there was a lack of knowledge or effective disregard of consent.
“The days of she didn’t fight back, scream or run away have passed and juries understand this even if perpetrators don't”.
The judge noted not enough conversations were taking place on social media about consent.
She highlighted that cases of this kind involving people under 18 result in “young lives broken” and have “lifelong consequences” for both the injured party and the offender.
The judge noted the aggravating factors in this case include the offences took place in an out-of-the-way corner of a poorly lit skatepark, the breach of trust and the “significant” impact on the victim and her family.
She said she took into account the man's youth at the time, his lack of previous convictions and personal circumstances.
The judge said the court could not overlook the delay in the case, which was the fault of neither the defendant nor the victim. “This has added to distress of both parties and caused difficulties for both in planning their futures.”
She said a sentence of six years would be appropriate for an adult, and reduced it to three years to reflect he was a juvenile at the time.
She suspended the final year of the sentence and backdated it to last month, when the man went into custody. The judge also directed the man to place himself under the supervision of the Probation Services for 12 months post-release.
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