Gardaí investigating the alleged false imprisonment and rape of a Spanish student (18) would have to acquire new evidence before the suspect in the case could be arrested again.
A man, who is in his mid-20s, has already been questioned about the attack, in which the victim claimed she was held against her will and repeatedly raped last weekend.
The victim and suspect met by chance on the boardwalk in Dublin city centre on Saturday afternoon.
After striking up a rapport, the young woman agreed to accompany the Irish man to Sandymount.
It was there the women alleges the man raped her on Saturday and into Sunday. She managed to escape after he fell asleep.
The man was arrested on Monday and questioned before being released without charge. He has denied the allegations against him and the DPP decided there was insufficient evidence to charge him.
Case file
Gardaí are continuing the investigation but cannot arrest the suspect again and put the same information to him that he has already addressed. Under the law, he can only be arrested again in relation to the matter if new evidence emerges.
Garda sources said the results of forensic tests were awaited and they believed those results would advance the case either way. The same sources pointed out that arresting suspects previously detained and released without charge was not at all unusual.
“You are offering a suspect the chance to explain evidence and give their side of that evidence,” said one source. “So when new evidence comes to light, if that has to be put to the witness, then a rearrest can be done.”
Any new evidence that came to light could be added to the existing case file. It could be sent to the DPP for criminal charges to be reconsidered without the need for a second arrest.
However, the same source said the suspect had denied rape. In criminal cases generally, new evidence could implicate or exonerate a suspect who has already been arrested.
