Therapists Warn Counselling Notes in Court Retraumatize Sexual Assault Victims
Therapists Against Harm founder Bairbre Kelly warns that reading counselling notes in court retraumatizes sexual assault victims. Therapists face an ethical conflict, while Minister Jim O'Callaghan's bill offers limited protection. Former Dublin Rape Crisis Centre CEO Noeline Blackwell calls the situation «appalling,» noting it disproportionately affects sexual offense victims and deters justice.
Bairbre Kelly, founder of Therapists Against Harm, states that victims of sexual assault are retraumatized when their counselling notes are read aloud in court. Therapists face an ethical dilemma: provide confidential care or comply with legal obligations to hand over «evidence» to the Director of Public Prosecutions (DPP) in sexual assault cases.
Minister for Justice Jim O'Callaghan introduced the Criminal Law and Civil Law (Miscellaneous Provisions) Bill, acknowledging the distress caused by disclosing personal information. However, the Attorney General advised that a blanket ban on note disclosure is incompatible with the Constitution. Kelly argues that current amendments are insufficient, as therapists fear misuse of notes by the defense and many clients are unaware this process can occur.
Noeline Blackwell, former CEO of Dublin Rape Crisis Centre, described the situation as «appalling» and unfair. She highlighted that defendants can intimidate victims using these notes, and victims have no say in redactions. Blackwell noted this issue predominantly affects sexual offense cases, where victims, historically women, have often been disbelieved. This process deters victims from pursuing legal action.