Consent & Sexual Exploitation Solicitor Ireland
Defending Consent & Exploitation Allegations in Ireland
Experienced, confidential representation where the legal issues of consent and coercion require precise, specialist handling.
Daniel Kreith
Principal Solicitor, Daniel Kreith & Company Solicitors
Every enquiry is handled personally, by me, in strict confidence.
Our Support
Acting for individuals facing sexual offence allegations where consent, coercion, or exploitation is the central legal issue. These cases require precise and detailed engagement with Irish law on consent. If you have been accused of a sexual offence where consent or exploitation is at the heart of the allegation, confidential specialist legal advice is available immediately.
Our Specialisations
Understanding Consent and Exploitation in Irish Sexual Offence Law
The law on consent in Ireland was significantly reformed and clarified by the Criminal Law (Sexual Offences) Act 2017. Understanding precisely what the prosecution must prove, and where the defence can engage, requires detailed knowledge of this legislation and how it is applied by the courts.
For a plain-language guide to how Irish law defines consent, see our guide to consent law in Ireland.
Consent cases - where the prosecution alleges that the alleged victim did not consent to the sexual act in question
Intoxication and consent - where alcohol or substances affected the alleged victim's capacity to consent
Coercive control - where an allegation of sexual offending arises in the context of a controlling or abusive relationship
Sexual exploitation - where a person is alleged to have taken advantage of another's vulnerability, impaired capacity, or dependent position
Every allegation must be assessed on its own facts. In consent and exploitation cases, early advice means the communications and digital records that bear on consent can be preserved before they are lost, and your position is protected before any account is given.
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Approach
What to Do if You Are Accused of a Sexual Offence Involving Consent or Exploitation
Consent cases are among the most legally complex category of sexual offence allegation. They turn not on physical evidence alone but on the detailed assessment of what each person understood, believed, and communicated in a specific situation. If you have been accused of a sexual offence and consent is the central issue, specialist legal advice from the outset is essential.
Always remember:
You are entitled to legal advice before speaking to Gardaí or responding to any allegation
You are entitled to have a solicitor present during any Garda interview
Prior communications, messages, or other evidence relevant to consent should be preserved and provided to your solicitor immediately
You have the right to choose your own criminal defence solicitor at every stage
We approach each case individually, without assumption. Consent cases are won on the detail: the messages, the timeline, and the circumstances in which agreement was or was not expressed.
Our Specialisations
Legal Support at Every Stage
Before a Garda Interview - Know Your Rights
If you are invited to attend a Garda interview in a consent or exploitation case, what you say about your understanding of consent, your communications with the complainant, and the specific circumstances of the alleged conduct will be central to the prosecution’s investigation. Preparation is essential.
What we provide:
Explaining your legal rights under Irish law, including the right to silence and what it means in a consent case specifically
Advising on how Gardaí are likely to approach interview questioning in consent allegations
Assessing whether engaging with specific questions is appropriate in the circumstances of your case
Preparing you for questioning
Attending the interview where required
Early advice protects your position before formal steps are taken.
During a Garda Investigation
Consent and exploitation investigations in Ireland are conducted by An Garda Síochána and typically involve a detailed statement from the complainant, Garda interviews with the accused, and a thorough review of communications and other digital evidence relevant to the question of consent.
We may assist by:
Advising before and during Garda interviews
Reviewing Garda disclosures and complainant statements as they become available - with particular focus on consent-related issues
Providing guidance on communications, including preserving any messages, social media content, or other material relevant to the consent question
Assessing evidential developments
Offering clear direction on next steps at every stage of the investigation
Investigative stages can feel uncertain and stressful. In a consent investigation, measured guidance on what to preserve, what to say, and when to say nothing gives the period structure.
If Charges Are Brought
Consent cases at trial are often decided on the basis of credibility, the detail of each party’s account, and the available evidence bearing on what was communicated and understood. If charges are brought in a consent or exploitation case, detailed preparation is essential, including thorough review of all communications between the parties and careful examination of the complainant’s account over time.
Our role is to:
Review prosecution material carefully
Identify all factual and legal issues bearing on the consent question
Prepare a structured defence strategy built around the specific features of the consent or exploitation allegation
Provide steady representation as the matter progresses
Preparing for Court proceedings
Every case requires close attention to detail and disciplined preparation.
No two cases are identical.
Whatever stage you're at, start with a message
Whether the Gardaí have contacted you or you’re just worried an allegation may arise, message us confidentially and we’ll tell you where you stand.
Early Advice Matters
When to Contact Us
The earlier you seek advice in a consent or exploitation case, the more can be preserved. Messages are deleted, CCTV is overwritten, and recollections of the hours around the encounter fade. Early advice protects your position before any statement is made.
Before Garda Interview
In a consent case, what is said at interview about the encounter, the communications around it, and the state of both parties can decide how the investigation runs. We advise on your right to silence before any interview, assess what the Gardaí are likely to put to you about consent, and attend the interview with you.
During Investigation
Consent investigations turn on messages, digital records, and accounts of the hours before and after the encounter. While the investigation is ongoing we act to preserve that material, review Garda disclosures as they emerge, and advise you on each development.
After Charges Filed
Where a charge alleges the absence of consent, the defence is built around the statutory definition of consent in section 48 of the Criminal Law (Sexual Offences) Act 2017 and the evidence bearing on it. We review the prosecution material, identify every issue bearing on consent or exploitation, and prepare the case for court, including any bail application.
Frequently Asked Questions
What is Consent?
Request a Consultation
Fill out the form below and we’ll get back to you within 24 hours. All information is treated in strict confidence.
Need Immediate Legal Advice?
Do not wait. In consent and exploitation cases the most important evidence is often the most perishable, and decisions made before advice is taken are the hardest to undo.