Jose Lacerna Pena approached a visibly unsteady woman in central Dublin, linked arms with her and then forced her into an oral sex act on Wicklow Street. The attack ended only when two young men saw her distress and intervened. A jury convicted Pena, a Bolivian national who had come to Ireland months earlier to study English, and the Court of Appeal later rejected his attempt to overturn that verdict.
The Wicklow Street attack
In the early hours of 26 September 2017, the woman was crossing Dublin city centre after leaving friends at a nightclub. CCTV later showed that she appeared unsteady or was stumbling. The Court of Appeal judgment records that Pena walked towards her, began speaking with her and linked his arm through hers.
The woman recalled being kissed and placed against a wall. She said Pena put a hand on the back of her head, forced her head down and penetrated her mouth with his penis. When her head came back up, he forced it down a second time. She reported gagging and being unable to catch her breath. She said she did not consent.
Two men came upon the scene. They described the woman as distressed, trying to scream and attempting to get away. They intervened, after which she ran from Pena. Gardaí encountered her crying nearby. Pena remained in the area and was arrested.
The evidence and Pena’s response
CCTV placed both Pena and the woman in the area and showed parts of their interaction. The two intervening witnesses gave direct accounts of her distress. During Garda interviews, Pena alternated between saying he could not remember what happened and denying wrongdoing. After viewing CCTV, he said he believed the encounter was consensual, while later saying that what happened should not have happened.
Pena pleaded not guilty at the Central Criminal Court to one count of rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990. The statutory offence includes penetration of the mouth by the penis and carries a possible sentence of life imprisonment following conviction on indictment.
Conviction and six-year sentence
On 13 December 2019, the jury convicted Pena of the sole charge. He was remanded in custody. At sentencing on 3 April 2020, Mr Justice Paul McDermott said the offence had been carried out brazenly in public and that Pena had taken advantage of the woman’s vulnerable position rather than helping her.
The court also considered mitigation. Pena had no previous convictions in Ireland or Bolivia, the offence was described as out of character, and imprisonment far from his family and home country would be difficult. Pena continued not to accept the jury’s verdict. The judge imposed six years’ imprisonment, giving credit for time already served in custody.
The woman told the court that the attack left her trapped in fear, sadness, anger and loneliness for two years. She thanked the two men who intervened and said she would never forget what they did for her.
The conviction appeal was dismissed
Pena initially filed a notice referring to both conviction and sentence. His later notice proceeded against the conviction only. The operative appeal argued that the trial judge’s directions had not properly distinguished actual consent from capacity to consent and had not fairly presented the defence case.
On 1 February 2022, the three-judge Court of Appeal dismissed the challenge in DPP v Jose Lacerna Pena [2022] IECA 15. The court said the jury could have been under no illusion that its task was to decide whether there had been actual consent. Although the appellate court said one aspect of the trial direction could have been expressed more clearly, it concluded that the charge as a whole was fair and balanced.
The final documented position is therefore clear: the 2019 rape conviction remains in force, Pena’s conviction appeal was dismissed in 2022 and the six-year sentence imposed in 2020 stands. The reviewed record did not identify any later successful appeal or alteration of that sentence.
Chronology
- June 2017: Pena comes to Ireland to study English, according to evidence reported at sentencing.
- 26 September 2017: He attacks the woman on Wicklow Street; two passers-by intervene and Gardaí arrest him nearby.
- 13 December 2019: A Central Criminal Court jury convicts him of rape under section 4.
- 3 April 2020: Mr Justice Paul McDermott imposes six years’ imprisonment and credits time already served.
- 7 April 2020: Pena files an initial notice referring to conviction and sentence.
- 14 January 2021: A second notice advances an appeal against conviction.
- 1 February 2022: The Court of Appeal dismisses the conviction appeal.
The taxpayer-cost boundary
The Irish Prison Service reports an average 2024 cost of €99,072 per available, staffed prison space, excluding capital expenditure. Applying that national figure to the six-year sentence produces a €594,432 nominal full-sentence capacity benchmark.
This is not an invoice, an audited marginal cost or proof of the amount actually spent on Pena. It holds one national annual average flat across six years. Actual custody is affected by the credit ordered for time already served, possible remission, release administration and changes in annual prison costs. The calculation also excludes Garda, prosecution, court, legal-aid, interpretation, victim-support and any immigration-enforcement expenditure because the public record reviewed does not allocate reliable individual amounts.
Nationality, entry and deportation limits
The Irish Examiner identifies Pena as a Bolivian national and reports that he came to Ireland in June 2017 to study English. The Irish Times describes him as originally from Bolivia. These reports establish nationality and the stated purpose and timing of arrival, but they do not establish the type or duration of any immigration permission, nor whether he later held another status.
At sentencing, the judge said that consideration should be given to deportation after Pena’s release. That was a recommendation for later consideration, not a reported deportation order or confirmation of removal. No reliable source located for this file established that an order was subsequently made, that Pena was deported, or what his present residence or immigration status is. None of those outcomes is asserted.
Questions for public accountability
- Was the sentencing judge’s recommendation that deportation be considered ever referred to immigration authorities?
- Was a deportation order made, and if so was it implemented after Pena’s release?
- What was the actual period served after credit for pre-sentence custody and any remission?
- What public expenditure was incurred across investigation, prosecution, imprisonment, victim services and any immigration proceedings?
- Does the State routinely record and publish the final immigration outcome when a criminal court expressly recommends deportation be considered?
Sources
- DPP v Jose Lacerna Pena [2022] IECA 15 — Court of Appeal judgment, evidence, procedural history and dismissal of the conviction appeal.
- The Irish Times, 1 February 2022 — appeal result, trial evidence and sentence chronology.
- Irish Examiner, 3 April 2020 — final sentence, Bolivian nationality, June 2017 arrival, victim impact and the judge’s deportation-consideration comment.
- Irish Statute Book, Criminal Law (Rape) (Amendment) Act 1990, section 4 — definition and maximum penalty for the offence.
- Irish Statute Book, Sex Offenders Act 2001 — statutory framework applying to convicted sex offenders.
- Irish Prison Service Annual Report 2024 — annual staffed-space benchmark and methodology.