DUBLIN RAPIST'S APPEAL DISMISSED IN BRAZEN PUBLIC ATTACK
A rapist who attacked a vulnerable woman he met on a street in Dublin city centre has had his appeal against his conviction dismissed.Jose Lacerna Pena (33), originally from Bolivia and with no fixed abode, was convicted of raping a woman orally at Wicklow Street, Dublin 2, on September 26th, 2017.
The trial judge described the attack as 'brazenly in the most public and humiliating manner' as people were walking by.
Pena pleaded not guilty but was found guilty by a jury, and in April 2020, he was sentenced to six years’ imprisonment by Mr Justice Paul McDermott.
Pena has not accepted the verdict and appealed it, claiming a failure by the trial judge to give the jury adequate guidance on the issue of consent.
The Court of Appeal, however, rejected his appeal in a judgment delivered by Ms Justice Isobel Kennedy, who stated that the jury would have been clearly instructed that the matter was whether there was a lack of consent, which they considered clearly.
During the trial, Sgt Wayne Donnelly described how Pena approached the victim, walked alongside her, and assaulted her in a public place.
CCTV footage showed the victim appearing unsteady, and Pena was observed forcing the victim's head down and committing the assault.
Pena was arrested after the attack and during police interviews, he claimed he could not remember the incident and denied any wrongdoing.
The judge highlighted the blatant nature of Pena's conduct and how he exploited the victim’s vulnerable state, emphasizing that he took full advantage rather than offering help.
