What happens if I report to the gardai?
The Rape Crisis and Sexual Abuse Counselling Centre Sligo, Leitrim and West Cavan counsellors will give you, or assist you in obtaining, all the information you need in order to be able to make a decision about whether to report or not. If you do decide to approach the Gardai, we can arrange this for you, and can facilitate the statement being taken in The Centre if that feels easier than going to the Garda station.
We will support you with information and advocacy throughout the legal process.
If you decide to go to the Gardai, the following information should be helpful to you:
- Bring someone you feel comfortable with, we will accompany you if you want. You can have that person stay with you. However if they are present during the taking of your statement their details need to be included and they may be called as a witness, for this reason the Gardai may ask that you not be accompanied during the actual taking of the statement. If however you want the person present you can insist on this. The names of all present will be recorded in the actual statement.
- The Gardai will give you the contact details of any Gardai or detectives you have significant contact with from the time you first report.
- You may ask to speak to a female Garda, if you wish.
- If you are reporting a recent assault, take a change of clothing including coat and shoes as the Gardai may keep the clothes you were wearing to gather forensic evidence. For further information on forensic medical examinations please go to the home page and click on 'survivors information' link
- Do not take any alcohol or drugs, but if you have done so before the recent assault this should not prevent you from reporting.
- If reporting an assault/rape - report as soon as possible preferably with 72 hours. There is no time limit, but valuable forensic evidence is lost quickly. However, evidence like semen that is on bed linen, clothes etc., lasts a long time.
- If reporting an incident of child sexual abuse, or of sexual assault/rape that happened some time ago, it is of advantage to have as many witnesses as possible who can testify to strengthen your case.
- The Gardai will ask you questions that are relevant to your case.
You will be asked to make a written statement; this means a detailed description of the events before, during and after the attack. Make sure you read your statement carefully and change it if necessary, before you sign it. You are entitled to, and should request, a typed copy. If you remember other details at a later stage, you can make a supplementary statement.- If the alleged perpetrator is identifiable the Gardai may interview the person soon after you make your statement.
- If the identity of the perpetrator is unknown to you and the Gardai arrest a suspect you may be asked to look at photographs or attend an identity parade, or go with the Gardai to where it happened, to try to identify the person who assaulted you.
The Legal Process
We will provide you with all the information you need around court proceedings and can accompany you to court.
- When the Gardai have completed the investigation, they will prepare a file (containing all the evidence gathered and a recommendation as to whether to prosecute) which will be sent to the DPP (Director of Public Prosecutions).
- The DPP's office will decide whether there is enough evidence to take the case to court. Try to remember this decision is not based on whether they believe you or not, it is whether they believe the case can be proven 'beyond reasonable doubt'. You have a right of appeal against a decision not to prosecute. You have no right however to know reasons for the decision taken.
- If your case goes ahead a decision will be taken as to what the charge will be and which court it will be held in (district, circuit, or central criminal court).
- The Gardai will keep you informed of the progress of your case. If a prosecution takes place it may be many months, indeed years before it comes to court.
- If the assailant pleads 'not guilty' you may be required to appear in court as a witness for the State. Your identity will be protected during and after the case. The defendant's identity will not, unless that by revealing their identity the identity of the victim becomes apparent (e.g. A case of incest). When the matter comes before the court such cases are heard "otherwise than in public" meaning that only persons directly concerned with the case will be in the court room.
- You may be entitled to advice from your own lawyer (in limited circumstances) for further information visit www.legalaidboard.ie
- You are entitled to, and indeed it is advisable to, meet the prosecution team before the trial.
- You are entitled to have present in the court with you your supporters or counsellor (subject to the permission of the Judge).
- If the perpetrator is found guilty you will be entitled to submit a victim impact statement and or speak in person as to the effect on you of this offence before sentencing. We can provide victim impact reports.
- You are entitled to be kept informed of any pending release from custody of the perpetrator who offended against you.
- You may have a civil case against the perpetrator and it is important to seek early legal advice about this as there are time limits within which such a case can be brought.