In a move expected to take effect early next year, evidence derived from sexual assault survivors’ therapy records will be banned from being utilised in criminal court proceedings. Helen McEntee, the Justice Minister, announced her intention to curb the practice where therapy records from victims could be requested by either the Defence team or the Director of Public Prosecutions (DPP) in cases related to sexual assault or rape.
Broadly conveying her vision, McEntee vocalised her discomfort about the aforementioned practice remaining a part in lawsuit dealings. She informed that groundwork was nearing completion to bring about the required amendment in legislation which would effectively cease the practice. A vital challenge to tackle is to find a balance between upholding the right to a fair trial and respecting the right to privacy.
McEntee made these remarks in Dublin while unveiling the Dublin Rape Crisis Centre’s 2023 annual report. The report presented an alarming 25 percent surge in calls to their round-the-clock helpline over the past two years.
The occasion was attended by multiple survivors including Paula Doyle, who was assaulted in September 2019 by someone she considered a friend. Subsequently, in March, Aidan Kestell from Dublin was sentenced to seven and a half years for his assault on Doyle.
In a video presentation by the DRCC at the event, Doyle expressed that psychological recovery had been integral to her survival. She questioned the fairness of the courts allowing her therapy sessions to be used as evidence, while the same was not applicable to Kestell, had he sought mental assistance after the assault.
Furthermore, the event heard from Sarah Grace, a victim of sexual assault at her residence in July 2019. Ibrahim Elghynaoui was found guilty of aggravated sexual assault on Sarah and was sentenced to 10 years in prison in 2021. For Grace, therapy played a crucial role in overcoming the trauma associated with her experience and she highlighted it as a discreet space to discuss such stigmatised yet deeply affecting issues.
“Counselling was instrumental in my recovery process after the assault, largely due to the trust that my words wouldn’t leave the confines of the counselling space,” she expressed.
Her therapy notes were required for her attacker’s trial, which she equated to a “further breach”.
The Minister shared her vision of conducting the required groundwork to discontinue the practice “by the end of the year, if not sooner”.
“It’s taking longer than anticipated, but we’ve had discussions with the DPP. The involvement of the Department of Health is vital.. Hence, in the coming months, we endeavour to complete the necessary duties to facilitate the changes we need.
“I want a transformation. I don’t want counselling narratives to be part of court cases, but I need to ensure my actions to bring about changes can stand up to scrutiny.”
The 24-hour national rape crisis helpline can be reached at 1800 77 8888. In case of immediate danger, dial or text 112.