The law and how I can help
Where the issue is consent, the way the Gardaí investigated and recorded the complaint becomes important. Messages, timings and what each person said at the time can all matter.
I will examine each part of the prosecution case and advise you on interview and on how best to put your account.
What consent means in law
The law sets out what consent means and when a belief in consent can be relied on. Consent can also be withdrawn. I explain how the law applies to your situation.
Why these cases turn on detail
Often there are no other witnesses and the case comes down to two accounts. The surrounding evidence therefore matters a great deal: messages before and after, timings, CCTV, taxi and phone records, social media, what each person told friends, and any medical or forensic findings.
I look at how consistent each account is over time, and at how the Gardaí recorded and tested them.
Your account
What you say at interview is critical. It needs to be accurate and complete, and you should not guess or speculate. I will explain the interview process, answer your questions, and advise you on how to approach it.
Alcohol and capacity
Alcohol is a feature in many of these cases. Evidence about how much was consumed, and about the condition of those involved, can be important.
What to do now
- Keep every message and do not delete anything.
- Do not contact the complainant.
- Write down your own account of events, for your solicitor only. Do not share it with anyone else.
- Speak to a solicitor before any interview.
What happens when you call
Initial details are taken in confidence and a detailed consultation is arranged. Consultations can be held by phone if you are not nearby.
Speak to Killian before you speak to the Gardaí
Contact me directly for an immediate, confidential consultation. I act in Cork and nationwide.