Have you been wrongly accused of rape or a sexual offence? Call us today on 0858619537

An allegation of a sexual offence can have serious consequences for a person’s reputation, even before a prosecution commences, and even when a person is subsequently found to be innocent following trial. With all offences, the interview in the Garda Station is extremely important and can determine the DPP’s decision to prosecute and how the subsequent trial unfolds. It is therefore essential that you receive experienced legal advice before you are questioned in the Garda Station. If you think you may be charged with an offence or that an allegation may be made against you, you should contact us immediately.

Rape

The Law governing this offence is contained in Criminal Law (Rape) Act 1981  or the Criminal Law (Rape) (Amendment) Act 1990. It will all depend on a number of circumstances as to which Act applies, including age of the alleged victim, the evidence and the circumstances surrounding the accusations. The Acts also cover the offence of attempted rape.

Statutory Rape

This is a term commonly used when people are referring to unlawful sexual contact with a person under 17 years of age. Charges in respect of this offence are brought under The Criminal Law ( Sexual Offences) Act 2006 which replaced the Criminal Law (Amendment) Act 1935.

Defilement of a child under the age of 15 years

The Criminal Law (Sexual Offences) Act 2006 as amended by the Criminal Law (Sexual Offences) Act 2017  makes it a criminal offence  to engage or attempt to engage in sexual acts with a child under the age of 15 years. Under the Act an accused person may defend themselves on the basis that they believed the child to be 15 years or older. However it will not be a defence to show that the child under 15 years consented to the sexual act.

Defilement of a child under the age of 17 years

Pursuant to Section 3 of the Criminal Law (Sex Offences) Act 2006 as amended by Section 5 of the Criminal Law (Sexual Offences) Amendment) Act 2007  it is an offence to engage or attempt to engage in a sexual act with a child under the age of 17 years. An accused person may argue that they honestly believed that the child was aged 17 years or older. However it is not a defence to show that the child consented to the sexual act. If a person convicted of this offence is less than two years older than the victim they will not be placed on the Sex Offenders Register the Sex Offenders Act 2001.

The legislation in this area was further amended, with the commencement of the Criminal Law (Sexual Offences) Act 2017, to reflect the significant number of cases coming before the courts involving allegations of sexual offending between minors. The 2017 Act now provides a full defence for an accused, subject to certain conditions, where it is alleged that the child consented to the sexual act.

Incest

Under the Punishment of Incest Act 1908 and Criminal Law (Incest Proceedings) Act 1995 http://www.irishstatutebook.ie/eli/1995/act/12/enacted/en/html it is an offence to have sexual intercourse with a close relative which includes a child, parent or brother/sister.

Child Trafficking and Pornography

The Law in this area is relatively new and can be found under The Child Trafficking and Pornography Act 1998,  as amended by Section 6 of the Criminal Law (Sexual Offences) Amendment Act 2007  as amended by Section 12 of the Criminal Law (Sexual Offences) Act 2017.

For the purpose of these Acts a child is deemed to be a person under 17 years and the Acts contain a range of offences including:-

  • Meeting a child for the purpose of sexual exploitation
  • Allowing a child to be used for pornography
  • Child Trafficking and taking a child to be used for sexual exploitation
  • Possession of child pornography
  • Producing, distributing, printing and or publishing child pornography.

Section 8 of the 2017 Act, was enacted to counter offending, where persons send or request sexually explicit material to children via social media, Whatsapp, Snapchat etc,