'Mr C' sex assault charges dropped

The man whose successful Supreme Court challenge led to the unlawful carnal knowledge legislation being declared unconstitutional…

The man whose successful Supreme Court challenge led to the unlawful carnal knowledge legislation being declared unconstitutional has had sexual assault charges against him dropped at Dublin Circuit Criminal Court.

Ms Isobel Kennedy SC, prosecuting, told Judge Patricia Ryan that the State wished to enter a nolle prosequi in relation to the charges against the man known as "Mr C".

Mr Brendan Nix SC, defending said that as no further charges were outstanding against his client he should be discharged from the indictment.

"Mr C" was facing the sexual assault charges after a nolle prosequi had been entered earlier in relation to the unlawful carnal knowledge charge following the Supreme Court ruling.

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Six men were cleared of unlawful carnal knowledge charges in Dublin in November 2006 before being rearrested and charged with sexual assault offences.

The men included Mr C, the man who successfully challenged the constitutionality of legislation relating to unlawful carnal knowledge earlier that year.

The Supreme Court found that Section 1.1 of the Criminal Law Amendment Act, 1935, was unconstitutional because it did not allow the defence of mistaken belief as to the girl's age.

This meant that the unlawful carnal knowledge charges against Mr C and others could no longer proceed.

The men were freed but were rearrested as they left the Four Courts complex and charged with sexual assault offences.