Use of therapy notes in court ‘horrendously traumatising’, say campaigners

By Bairbre Holmes, PA

Handing over notes from counselling sessions during legal proceedings can be “horrendously traumatising” for victims of sexual violence, campaigners calling for a total ban on the practice has said.

Protesters said defence teams in sexual and gender-based violence cases routinely request notes from therapy sessions.

Speaking at a rally outside Leinster House on Tuesday, Hazel Behan said the process allows defendants to “sit and lust over the damage that they have caused their victim”.

She said the practice was “horrendously traumatising, and degrades and disputes everything that a victim survivor is saying in court”.

Ms Behan added: “What happens in a therapy room with me and my therapist is none of your business – and it’s certainly none, none of the business of the person who I believe harmed me.”

She later addressed the Oireachtas Justice Committee when it met to scrutinise the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025.

The Bill includes amendments to legislation which would limit the ability for defence teams to access a victim’s notes, but campaigners say the changes do not go far enough.

TD Ruth Coppinger told reporters even putting the decision into the hands of a judge would leave “open the option of somebody’s therapy notes being accessed”, and said the practice needs to be “completely eliminated”.

She added: “These are third-party notes. It is actually ludicrous they’re considered as relevant evidence.

“Hearsay is not normally evidence. They’re not written by the person themself.”

The People Before Profit–Solidarity TD also criticised the amount of attention given to the issue.

“It’s really bad the Government has decided to push the issue of counselling records into a Bill, a miscellaneous Bill with 14 other issues. This is an issue that merits being dealt with separately.”

No therapists addressed the committee on Tuesday, but counsellor Bairbre Kelly spoke at the demonstration and said the fear that their notes might be used in court can deter victims from fully being able to access the support they need.

Ms Kelly said it is devastating when she has to explain to her clients that this may happen, adding that some people seeking therapy are having to choose between getting justice and healing.