False Allegations of Rape or Sexual Assault in Ireland
Defending False Allegations of Rape & Sexual Assault
Specialist legal defence for individuals facing false or malicious allegations. Protecting your reputation and your rights from the outset.
Our Support
Acting for individuals who maintain that allegations made against them are false. Allegations of rape or sexual assault can have immediate and serious personal, professional and reputational consequences.
If you have been wrongly accused of a sexual offence, confidential legal advice is available.
Our Specialisations
Understanding the Impact of False Rape Allegations
False allegations of rape or sexual assault can cause significant harm to an individual’s personal and professional life. The social stigma, emotional distress, damage to reputation, and potential legal consequences can be overwhelming. It is important to address these accusations promptly and take proactive steps to protect your rights. It is essential to contact a solicitor who has specific experience dealing with false allegation matters.
At Daniel Kreith & Company Solicitors, we understand that being accused of a sexual offence can be a frightening and stressful experience.
Approach
Reporting & Investigation
When an allegation of rape or sexual assault is reported in Ireland, An Garda Síochána are required to conduct a thorough investigation. This may involve:
Statements from the complainant
Interview of the accused
Witness interviews
Review of digital communications
The accused is entitled to a fair investigative process and the opportunity to respond.
Early legal advice is essential before engaging in detailed discussions.
Our Specialisations
What to do if you are falsely accused of Rape or Sexual Assault?
Seek Legal Advice
In Ireland, the burden of proof rests with the prosecution, requiring them to demonstrate beyond a reasonable doubt that the accused committed the alleged offence. This ensures that individuals are not wrongfully convicted based on false allegations. This means you are innocent until proven guilty by the prosecution.
Document Evidence and Gather Witnesses
Collect any evidence that can support your innocence, such as emails, text messages, social media interactions, or surveillance footage. Identify potential witnesses who can provide testimony to discredit the complainant’s allegation.
Refrain from Contacting the Complainant
It is essential for an accused to refrain from contacting the complainant directly or indirectly. Communication should be solely through your Solicitors. Engaging with the complainant directly may complicate the legal proceedings and potentially harm your case.
Cooperate with Gardai
It is crucial to cooperate with the investigating authorities and provide any necessary information requested. However, consult with your Solicitor before making any statements to ensure they are in your best interest.
Early Advice Matters
When to Contact Us
The earlier you seek legal advice, the better we can protect your interests
Before Garda Interview
If you have been contacted by Gardaí or believe you may be, seek advice immediately. We can explain your rights, attend interviews with you, and ensure you understand the process.
During Investigation
If an investigation is ongoing, structured legal support can help reduce uncertainty and protect your position.
After Charges Filed
Once charges are filed, we provide comprehensive representation including bail applications, disclosure review, and full court advocacy.
Why Daniel Kreith and Company Solicitors?
How We Support You
Even if you already have another solicitor, and wish to change, we can help.
We specialise in representing people accused of sexual offences and we regularly act in high profile cases. We always instruct at least two experienced barristers on every case. That means you will have three lawyers working at all times, from the start of your case, with your best interests at heart.
We know how difficult rape accusations can be and we know how to to deal with matters in a sensitive but efficient way to limit any damage to your reputation, your job and your family.
Where our clients are not fluent in English, we use trained interpreters. We also know which experts to bring in to your case to provide help with forensics, DNA, digital evidence, mobile phone, app data, etc.
We always offer same day appointments either in person or over the phone. We hold ourselves to the highest standards of confidentiality and we are always open and honest with our clients.
The sad reality is that society tends to reverse the presumption of innocence until proven guilty when it comes to rape offences.
During Garda interviews, our primary objective is to ensure that the investigators do not elicit information from you that might be harmful to your defence. Our sole focus is to prevent you from being charged, but if you are, we are ready to fight the case.
Over the years, we have dealt with numerous false allegation cases. We meticulously examine the evidence in every case. We will always assemble a team of experienced barristers to safeguard your interests from the early stages of your case.
Legal Framework & Laws Against False Allegations
The Irish legal system has various laws and provisions in place to address the issue of false allegations. These offences carry penalties upon conviction, highlighting the seriousness with which false accusations are regarded by the law. Under Section 12 of the Criminal Law Act 1976 , it is an offence to falsely accuse someone of a crime with the intent of causing the person to be investigated, prosecuted or punished. This offence carries a maximum penalty of 5 years imprisonment
It is also worth noting that making a false allegation of rape can lead to civil action being taken against the complainant, as it may constitute defamation of character and the accused may be able to seek damages for any harm suffered as a result of the false allegation.
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