A man who was charged with rape after a charge of attempted unlawful carnal knowledge against him was dropped, has begun a legal challenge to stop his prosecution.
He was charged with attempted unlawful carnal knowledge relating to an incident in February 2003. At the time he was 20-years-old. The alleged victim was 16-years-old.
After the C case in the Supreme Court in May 2006, in which the court found legislation relating to charges of unlawful carnal knowledge unconstitutional, the DPP entered a nolle prosequi in relation to the charge. In October that year, the man was charged with rape.
Senior Counsel, Jeremy Maher, who is representing the man, told the High Court the DPP's decision to charge the man with rape was unconstitutional and unlawful.
He said no new facts had emerged between the DPP's decision to charge him with attempted unlawful carnal knowledge and the decision to drop that charge and charge him with rape.
The DPP denies all the claims made by the man and says he was entitled to look at the case again in the aftermath of the Supreme Court judgment.
