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.

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.

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. Early legal advice allows for a clearer understanding of your position before decisions are made.

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. Preparation and clarity are central to effective defence in this area.

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. Measured legal guidance can provide structure during this period.

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.

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.

Frequently Asked Questions

What is Consent?

Consent is an agreement between people to engage in sexual activity. It means that a person agrees to engage in sexual activity with another person. For consent to be given, the person must be capable of giving consent, they must not be coerced or threatened, and they must have freely given their agreement. In Irish law, a person under the age of 17 is deemed to be incapable of giving consent to sexual activity. A person consents to a sex if he or she freely and voluntarily agrees to engage in that act.

A person cannot consent to a sexual act if they:
are unconscious or asleep.
incapable of consenting due to the effects of alcohol or drugs.
have a physical disability that prevents her from communicating whether he or she agrees to the act.
are misinformed as to the identity of any other person involved in the act.
or are forced, threatened with force, or genuinely afraid of force being used against them or against another person.

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