A 46-year-old Sligo man has been found guilty by a Central Criminal Court jury of raping his wife just weeks after the birth of their child.
Mr Justice Paul Carney remanded him in custody for sentence on January 30th and noted it was the third conviction recorded against him for this offence. He also declared him a sex offender and directed the preparation of a victim impact report.
Senior counsel Gerard Clarke, prosecuting, said the defendant had originally pleaded guilty to the offence in 2000 but at the sentence date indicated he wanted to change his plea and stand trial.
This was allowed by Mr Justice M P Smith at the time.
Mr Clarke said the defendant was found guilty by a jury at his trial in July 2002 but this conviction was overturned by the Court of Criminal Appeal and a new trial ordered.
The jury verdict was the third conviction recorded against him.
Sgt Michael Prendergast said the man had two previous convictions for breaches of barring orders in 1997 and 1998 and had been living outside the jurisdiction for the past two years.
Mr Justice Carney noted that he had imposed a six-year sentence in October 2002 following the last trial and conviction and was told the defendant had served less than two years of this before the Court of Criminal Appeal released him.
The now legally separated 39-year-old woman told the jury her then husband had raped her on July 21st, 1997, at their Sligo home after she had told him clearly she didn't want to have sexual intercourse at that time because she was still recovering from childbirth.
She said the baby had woken early in the morning and she fed him before returning him to the carry-cot at the foot of the bed. She then fell asleep and woke up next to hear her husband asking: "Are you going to make love to me?"
When she said "no" he climbed on top of her and raped her.
She said there was not much she could do as the children were asleep close by.
Immediately after, he laughed and told her: "Thank you." Later that morning he acted as if nothing had happened.
She told him she was going to report the rape to gardaí and he replied: "They would not be able to touch me, I am your husband."