Rape and Sexual Assault

Rape is governed by the Criminal Law (Rape) Act 1981 and the Criminal Law (Rape) (Amendment) Act 1990. Which provisions apply depends on the circumstances, including the age of the complainant and what the evidence suggests the allegation is. The Acts also cover attempted rape.

Sexual assault allegations are prosecuted under separate legislation. I will explain exactly what you are charged with, or may be charged with, and what the prosecution must prove.

Early advice matters. Before any interview I will go through the allegation with you, explain your rights and what the interview involves, prepare a robust defence and attend the Garda interview with you.

A complaint is made to the Gardaí, who investigate. They may take statements, examine phones and other devices, obtain CCTV and medical or forensic evidence, and ask you to attend for interview, or arrest you. When the investigation is complete, a file goes to the DPP, who decides whether to prosecute and on what charge.

Many people first learn of an allegation when the Gardaí phone them or call to the door. What you do at that point matters.

You are entitled to consult a solicitor before an interview and to have your solicitor present during it.

Interviews are recorded, and what you say, and how you say it, can be relied on at trial. Whether to answer questions, give a prepared statement, or say nothing is an important decision. I will advise you on it before you are questioned, not afterwards.

Rape and aggravated sexual assault are tried in the Central Criminal Court, and sexual assault is generally dealt with in the Circuit Criminal Court, before a judge and jury.

Once you are charged, I examine the evidence the prosecution relies on and everything disclosed. That includes the complainant's statements and any earlier accounts, messages and phone records, CCTV, medical and forensic material, and how the Gardaí carried out the investigation. I look for gaps, inconsistencies and procedural problems, and consider whether further evidence or expert reports are needed.

If you are charged, the court will decide whether you are released on bail and on what conditions. I prepare and make the bail application.

Strict rules apply to what can be published about sexual offence cases. I will explain how they apply to you.