The 43-year-old man initially claimed the incident was consensual before admitting his guilt while his wife gave evidence during a trial the Central Criminal Court in Dublin

A man who anally raped his wife after she consented to intercourse but made it clear she did not want anal sex has been jailed for six years.

The 43-year-old man initially claimed the incident was consensual before admitting his guilt as his wife gave evidence during a trial at the Central Criminal Court in Dublin. He pleaded guilty to anal rape of his wife at their family home in Co Waterford, Ireland, on December 18, 2024.

Mr Justice Paul Burns described the attack as a drunken assault by a husband who had taken advantage of his wife's consent to sex, despite the fact she had told him she did not want anal sex.

The man, who cannot be identified to protect the woman's identity, was given a headline sentence of eight and a half years. Mr Burns said he was sceptical of a submission that because anal sex had occurred on a previous occasion that this lessened the gravity of the offence, the Irish Mirror reports.

The judge took into account the man's lack of prior convictions, good work history, remorse and apology to his wife and family. He noted the plea came late but said it had value as the woman did not have to undergo cross-examination and it was an acknowledgement of his guilt.

Mr Justice Burns imposed a seven-year sentence and suspended the final year for three years on condition the man is under the supervision of the Probation Service. The sentence is backdated to when he went into custody.

Michael Delaney SC, prosecuting, was told by a garda investigation that the couple had been watching a movie at home and drinking whiskey. The man said he wanted anal sex, but the woman refused. She believed they were going to have regular sex but the accused instead anally raped her.

The man then fell asleep and the woman realised she was bleeding. After speaking with her adult daughter, she attended at a garda station and underwent a forensic exam at a Sexual Assault Treatment Unit. The woman was found to have a laceration to her anal area consistent with the allegations.

Gardai attended the house and woke the man, telling him he would have to leave the house as it was a crime scene.

On December 20, 2024, the accused was arrested at Dublin Airport after gardai received information that he was planning to leave the country. He has been in custody since that time.

During a garda interview, the man initially claimed his wife had consented to anal sex - as well as having consented to it on previous occasions. He also claimed he tried to have anal sex with her but was unable to do so. When her injuries were put to him, he suggested she may have caused the laceration herself.

His wife declined to make a victim impact statement but gave evidence during the trial via video link. The garda agreed with Aidan Doyle SC, defending, that alcohol was something both parties indulged in and this was an issue in their relationship.

Mr Doyle said his client wishes to apologise and had written a letter to that effect. He submitted it demonstrates insight and remorse on the part of the accused. He said the accused had a very good work history. Counsel said there had been consent to sex immediately prior to the anal rape, which he submitted was of fairly short duration. He said anal sex was something they had engaged in before and submitted that was a mitigating factor in the case.

Mr Doyle said the guilty plea came before the injured party was due to be crossed examined and it was not put to her that she was not telling the truth. He asked the court to give his client some credit for that.