The founder of an advocacy group for therapists has said that victims of sexual assault are being retraumatised by having their counselling notes read out to them in court.
Bairbre Kelly, of Therapists Against Harm, said therapists are being placed in an impossible position where they have to choose between ethical care for clients or being legally obliged to hand over "evidence" to the Director of Public Prosecutions (DPP) in sexual assault cases.
Earlier this year, Minister for Justice Jim O'Callaghan brought forward the Criminal Law and Civil Law (Miscellaneous Provisions) Bill, which was debated in the Dáil. Speaking then, Mr O'Callaghan acknowledged the "distress" the "disclosure of such personal and sensitive information" can cause.
However, he said he had been informed by the Attorney General that a blanket ban on the disclosure of counselling notes is "not compatible" with the Constitution.
Speaking on RTÉ's Today with David McCullagh, Ms Kelly said the reading out of notes in court goes against everything therapists believe in.
She said it can be "retraumatising" for clients to have their personal counselling notes read back to them in the courtroom, adding that it is a major issue.
Ms Kelly said Therapists Against Harm still believe the current amendments to the law being looked at by the Minister O'Callaghan fall "way too short".
She said therapists are afraid that there is still a potential risk of counselling notes being misused by the defence.
Ms Kelly said that clients are often not even aware that this process can happen, while a lot of therapists are not fully aware of what this can entail.
Some therapists have stopped keeping counselling notes, which can also create problems, Ms Kelly added.
She said that survivors have a right to say that they do not want notes kept at the beginning, but that some people could be in therapy for a long time before revealing a sexual assault that they later seek justice for.
She said that the DPP seek the notes as there may be evidence held in them or even the potential of evidence being held.
Even if the client does not give consent to gardaí to take the notes, those notes could still be subpoenaed, she said.
Defendant can intimidate victim via notes - former Dublin Rape Crisis CEO
Former CEO of Dublin Rape Crisis Centre Noeline Blackwell said that everyone wants the accused to get a fair trial, including the victim, but that the defendant can intimidate the victim via the notes which can be used to weaponise the victim.
She said the current situation is "appalling" and entirely unfair to victims of sexual offences.
She added that a new law needs to come in on this, as victims can be under such pressure and feel they have to hand the notes over as the law is "so wide" on this.
She said that those who seek therapy are going to a health specialist who produces health notes, which is very different to what they may tell gardaí.
Therapists or victims do not have any say over what is or is not redacted from the notes when they are handed over to law enforcement.
"This only happens in sexual offence cases. Therefore, it is largely a question that victims in sexual offence cases traditionally have not been believed and have been women. It is not necessary in other types of trials to bring in these health notes," she said.
She said that the whole process can put victims off going ahead with proceedings knowing this might happen.
Read more:
Handing over counselling notes was 'soul destroying' - victim
New advocacy group to support victims of sexual violence
Opposition TDs call for full ban on use of counselling notes in trials
