Support from readers like you keeps The Journal open.
You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.
If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.
A DOCTOR JAILED for eight years for the rape of his wife “failed to grasp the essentials and basics of consent”, according to a High Court judge.
Justice Tony Hunt made the remarks in the sentencing of the 36-year-old Meath resident who was convicted by a Central Criminal Court jury by a charge of anal rape and false imprisonment at the couple’s then home on February 14, 2019.
The man had pleaded not guilty to the offences.
The court heard that the woman immediately reported the rape to the gardaí. She left her home once the man had fallen asleep, along with her young baby and went straight to the local garda station.
The man was arrested the following month and told gardaí during interview: “I didn’t rape my wife. I get it everyday for free. I don’t need to rape my wife”.
Justice Hunt said the remarks the man made to gardaí during their investigation seemed to imply that the man believed that “marriage carries some kind of blanket consent to whatever he wants to have in terms of sexual activity”.
“This is not the way marriage works. Consent on a Tuesday does not mean consent on a Wednesday,” Justice Hunt said.
The judge said there was a common thread in the sexual offence cases that come before him of “extraordinary recklessness towards consent in sexual matters” adding that there is “an extraordinary lack of care and respect that seems to exist”.
Referring to the man’s profession, Justice Hunt said the fact that someone in a caring profession “would treat someone so close to him in this manner would defy belief”.
Justice Hunt set a headline sentence of 10 years after noting the aggravating factors included that the offences took place in a domestic context. He also noted that the man has not recognised the jury’s verdict or the effects of the crime on his wife.
He imposed a sentence of nine years and suspended the final year of that sentence on strict conditions including that the man have no direct or indirect contact with the woman for an indefinite period unless she initiates it.
Justice Hunt also ordered that the man engage with the Probation Service for two years upon his release from prison.
A local garda told James Dwyer SC, prosecuting, at an earlier sentence hearing that at the time of the offence, the woman had an interim barring order against the man which had lapsed.
She went to bed that night with the couple’s young baby and woke to find the accused looking in her bedroom door, summoning her to come into another room.
He asked to see the barring order, before he tore it up and told her she was going to be punished.
The man then took the woman to another bedroom and told her to a video call a man. He produced a dumbbell and ordered her to take off her top, photograph herself and send it on to this man.
Advertisement
The woman asked to be released so she could go to the bathroom but the man refused and the woman ultimately urinated on herself.
He laughed at her, insulted her and instructed her to undress and kneel onto the bed before he anally raped her.
During the rape, the man told his wife “you should like it”. Afterwards, he instructed her to get dressed and make him some food.
He insisted then that she sit beside him on the couch while he watched television. She was still wearing her urine soaked clothes and was worried about staining the furniture.
The man refused to let the woman change her clothes. He then said they would go to bed and got into bed with her and the young baby.
He fell into a deep sleep, she changed her clothing, took the child, left the house and went straight to the local garda station to make a complaint.
Gardaí interviewed the man the following month, during which he asked gardaí if it was an offence to rape one’s wife.
He claimed he had been in a loving marriage with the woman since the previous year and said all activity between them was consensual.
The man said that his wife had found out he was having an affair and ever since then he claimed he could not do anything without her calling the gardaí.
The garda accepted in cross-examination from Seamus Clarke SC, defending, that the man is on medication for a recurrent depressive disorder and had previously been diagnosed as having Attention Deficit Hyperactivity Disorder.
A victim impact statement from the woman was read into the record. She has since left Ireland.
She said there were “no words to describe the scars left by him”.
“No woman should be made feel so unsafe that she feels a need to run away in the middle of the night with her wee baby,” she continued before she added that the man “should have protected us”.
She said she prayed to the Lord to forgive him before adding that she and her baby “forgive him today”.
Clarke handed in a booklet of character references and said the case had “brought shame on him and on his family”.
Justice Hunt interjected and said the man’s family had no reason to be ashamed. “He has to take responsibility for his own actions,” the judge commented.
Clarke said his client had written a letter “expressing remorse” and asked the court to take into account the consequences for his client of losing his profession.
Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article.
Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.
People living in illegal cabins - including family forced to dismantle home - tell their stories
2 hrs ago
3.9k
20
Roads
Five-year-old boy dies after being hit by car in Laois
4 hrs ago
8.6k
6
Leinster House
150 rounds of drinks ordered at the Dáil's bars on the day TDs failed to elect a new Taoiseach
20 hrs ago
39.5k
186
Your Cookies. Your Choice.
Cookies help provide our news service while also enabling the advertising needed to fund this work.
We categorise cookies as Necessary, Performance (used to analyse the site performance) and Targeting (used to target advertising which helps us keep this service free).
We and our 152 partners store and access personal data, like browsing data or unique identifiers, on your device. Selecting Accept All enables tracking technologies to support the purposes shown under we and our partners process data to provide. If trackers are disabled, some content and ads you see may not be as relevant to you. You can resurface this menu to change your choices or withdraw consent at any time by clicking the Cookie Preferences link on the bottom of the webpage .Your choices will have effect within our Website. For more details, refer to our Privacy Policy.
We and our vendors process data for the following purposes:
Use precise geolocation data. Actively scan device characteristics for identification. Store and/or access information on a device. Personalised advertising and content, advertising and content measurement, audience research and services development.
Cookies Preference Centre
We process your data to deliver content or advertisements and measure the delivery of such content or advertisements to extract insights about our website. We share this information with our partners on the basis of consent. You may exercise your right to consent, based on a specific purpose below or at a partner level in the link under each purpose. Some vendors may process your data based on their legitimate interests, which does not require your consent. You cannot object to tracking technologies placed to ensure security, prevent fraud, fix errors, or deliver and present advertising and content, and precise geolocation data and active scanning of device characteristics for identification may be used to support this purpose. This exception does not apply to targeted advertising. These choices will be signaled to our vendors participating in the Transparency and Consent Framework.
Manage Consent Preferences
Necessary Cookies
Always Active
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then these services may not function properly.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not be able to monitor our performance.
Store and/or access information on a device 104 partners can use this purpose
Cookies, device or similar online identifiers (e.g. login-based identifiers, randomly assigned identifiers, network based identifiers) together with other information (e.g. browser type and information, language, screen size, supported technologies etc.) can be stored or read on your device to recognise it each time it connects to an app or to a website, for one or several of the purposes presented here.
Personalised advertising and content, advertising and content measurement, audience research and services development 136 partners can use this purpose
Use limited data to select advertising 106 partners can use this purpose
Advertising presented to you on this service can be based on limited data, such as the website or app you are using, your non-precise location, your device type or which content you are (or have been) interacting with (for example, to limit the number of times an ad is presented to you).
Create profiles for personalised advertising 78 partners can use this purpose
Information about your activity on this service (such as forms you submit, content you look at) can be stored and combined with other information about you (for example, information from your previous activity on this service and other websites or apps) or similar users. This is then used to build or improve a profile about you (that might include possible interests and personal aspects). Your profile can be used (also later) to present advertising that appears more relevant based on your possible interests by this and other entities.
Use profiles to select personalised advertising 77 partners can use this purpose
Advertising presented to you on this service can be based on your advertising profiles, which can reflect your activity on this service or other websites or apps (like the forms you submit, content you look at), possible interests and personal aspects.
Create profiles to personalise content 37 partners can use this purpose
Information about your activity on this service (for instance, forms you submit, non-advertising content you look at) can be stored and combined with other information about you (such as your previous activity on this service or other websites or apps) or similar users. This is then used to build or improve a profile about you (which might for example include possible interests and personal aspects). Your profile can be used (also later) to present content that appears more relevant based on your possible interests, such as by adapting the order in which content is shown to you, so that it is even easier for you to find content that matches your interests.
Use profiles to select personalised content 33 partners can use this purpose
Content presented to you on this service can be based on your content personalisation profiles, which can reflect your activity on this or other services (for instance, the forms you submit, content you look at), possible interests and personal aspects. This can for example be used to adapt the order in which content is shown to you, so that it is even easier for you to find (non-advertising) content that matches your interests.
Measure advertising performance 127 partners can use this purpose
Information regarding which advertising is presented to you and how you interact with it can be used to determine how well an advert has worked for you or other users and whether the goals of the advertising were reached. For instance, whether you saw an ad, whether you clicked on it, whether it led you to buy a product or visit a website, etc. This is very helpful to understand the relevance of advertising campaigns.
Measure content performance 60 partners can use this purpose
Information regarding which content is presented to you and how you interact with it can be used to determine whether the (non-advertising) content e.g. reached its intended audience and matched your interests. For instance, whether you read an article, watch a video, listen to a podcast or look at a product description, how long you spent on this service and the web pages you visit etc. This is very helpful to understand the relevance of (non-advertising) content that is shown to you.
Understand audiences through statistics or combinations of data from different sources 75 partners can use this purpose
Reports can be generated based on the combination of data sets (like user profiles, statistics, market research, analytics data) regarding your interactions and those of other users with advertising or (non-advertising) content to identify common characteristics (for instance, to determine which target audiences are more receptive to an ad campaign or to certain contents).
Develop and improve services 82 partners can use this purpose
Information about your activity on this service, such as your interaction with ads or content, can be very helpful to improve products and services and to build new products and services based on user interactions, the type of audience, etc. This specific purpose does not include the development or improvement of user profiles and identifiers.
Use limited data to select content 38 partners can use this purpose
Content presented to you on this service can be based on limited data, such as the website or app you are using, your non-precise location, your device type, or which content you are (or have been) interacting with (for example, to limit the number of times a video or an article is presented to you).
Use precise geolocation data 43 partners can use this special feature
With your acceptance, your precise location (within a radius of less than 500 metres) may be used in support of the purposes explained in this notice.
Actively scan device characteristics for identification 25 partners can use this special feature
With your acceptance, certain characteristics specific to your device might be requested and used to distinguish it from other devices (such as the installed fonts or plugins, the resolution of your screen) in support of the purposes explained in this notice.
Ensure security, prevent and detect fraud, and fix errors 86 partners can use this special purpose
Always Active
Your data can be used to monitor for and prevent unusual and possibly fraudulent activity (for example, regarding advertising, ad clicks by bots), and ensure systems and processes work properly and securely. It can also be used to correct any problems you, the publisher or the advertiser may encounter in the delivery of content and ads and in your interaction with them.
Deliver and present advertising and content 96 partners can use this special purpose
Always Active
Certain information (like an IP address or device capabilities) is used to ensure the technical compatibility of the content or advertising, and to facilitate the transmission of the content or ad to your device.
Match and combine data from other data sources 68 partners can use this feature
Always Active
Information about your activity on this service may be matched and combined with other information relating to you and originating from various sources (for instance your activity on a separate online service, your use of a loyalty card in-store, or your answers to a survey), in support of the purposes explained in this notice.
Link different devices 50 partners can use this feature
Always Active
In support of the purposes explained in this notice, your device might be considered as likely linked to other devices that belong to you or your household (for instance because you are logged in to the same service on both your phone and your computer, or because you may use the same Internet connection on both devices).
Identify devices based on information transmitted automatically 84 partners can use this feature
Always Active
Your device might be distinguished from other devices based on information it automatically sends when accessing the Internet (for instance, the IP address of your Internet connection or the type of browser you are using) in support of the purposes exposed in this notice.
Save and communicate privacy choices 64 partners can use this special purpose
Always Active
The choices you make regarding the purposes and entities listed in this notice are saved and made available to those entities in the form of digital signals (such as a string of characters). This is necessary in order to enable both this service and those entities to respect such choices.
have your say