Sexual abuse victims’ counselling records have no place in a courtroom, says TD

Kenneth Fox

Counselling records for victims of sexual abuse are private, confidential documents which have no role to play in a trial, a Fine Gael TD has said.

Deputy Paula Butterly said that the disclosure of counselling records in sexual offence trials should not be permitted.

Deputy Butterly said: “Big steps have been taken to tackle sexual abuse and violence, including tougher sentences and the establishment of CUAN, the Domestic, Sexual and Gender Based Violence (DSGBV) Agency, which plays a key role in delivering the change that is needed to bring about zero tolerance.

“Before any sentence is passed down in any courtroom, the victim must sit through all the evidence, which is a deeply harrowing experience.

"To allow their counselling records to be requested and potentially be admitted as evidence is simply wrong. This can and does prevent people from coming forward, for fear that their innermost thoughts and fears will be dissected in a full courtroom."

She said it is time to rebalance the law permitting the disclosure of records, as therapy is there to support victims to heal and come to terms with what has happened to them.

!The very notion that these notes could be made available to their perpetrators is not only an invasion of their privacy, but for some, a trigger to relive the events again," she said.

“A recent Supreme Court ruling in DPP V WC rejected the notion that disclosure of counselling notes in sexual offence cases is required on the basis that the material is remotely or potentially relevant.

"I hope this lays the groundwork for a long overdue review of the legislation. There can be no barriers to any person who has been a victim of a sexual offence, and victims’ private notes must remain between them and their therapist to ensure our justice system properly supports and serves the victim," she said.