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Kerryman facing 16 charges relating to engaging in sexual acts with protected person sent forward for trial

Nov 16, 2020 13:18 By radiokerrynews
Kerryman facing 16 charges relating to engaging in sexual acts with protected person sent forward for trial
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A Kerryman facing 16 charges relating to engaging in sexual acts with a mentally impaired person has been sent forward for trial. The man, who

A Kerryman facing 16 charges relating to engaging in sexual acts with a mentally impaired person has been sent forward for trial.

The man, who can't be named at this juncture, is facing the charges, following alleged incidents which occurred in the county between 2015 and 2018.

The following may cause distress.

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The man is facing 16 charges, all which allegedly occurred in a Kerry town.

It's alleged he engaged in sexual intercourse with a person, knowing them to be a protected person, on a number of dates ranging between October 2015 to March 2018.

Five of the charges relate to having sexual intercourse with a mentally impaired person, which is contrary to Section 5 of the Criminal Law (Sexual Offences) Act 1993.

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Another five of the charges are for the alleged digital penetration of the same person.

Judge David Waters previously granted bail, ordering him to not make contact - direct or indirect - with the alleged victim or their family.

At the recent sitting of Tralee District Court, Judge David Waters sent the accused forward for trial to the next sitting of Tralee Circuit Court.

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A protected person is someone who by reason of a mental or intellectual disability or a mental illness, incapable of:

  • Understanding the nature, or the reasonably foreseeable consequences of sexual acts
  • Weighing up information in deciding whether or not to engage in a sexual act, or
  • Communicating consent. This can be through speech, sign language or otherwise.

There is no presumption of capacity to consent to sex written into the law.

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