Published date:
- Victims of Crime Commissioner for Northern Ireland expresses concerns over the disclosure of counselling notes in serious sexual crime trials ahead of Sexual Violence Week.
- Commissioner Designate Geraldine Hanna working with stakeholders to explore proposals to restrict or wholly exclude these counselling notes from criminal trials.
Northern Ireland’s Commissioner for Victims of Crime has warned that victims of serious sexual assault are being forced to choose between healthcare and justice due to disclosure of counselling notes in criminal trials.
Commissioner Designate Geraldine Hanna, appointed by former Justice Minister Naomi Long MLA in June 2022, has said that victims of rape and other serious sexual assaults are being asked to consent to excessive amounts of personal data being handed over during trials, including counselling notes taken after their attack. A recent report by the Information Commissioner (ICO) outlined a series of recommendations for police and prosecuting authorities to tighten the safeguards governing access to a victim’s personal data.
The Commissioner Designate has been working with the ICO, PSNI and Public Prosecution Service to help inform this work. However, she has expressed additional concern regarding access to counselling records. Currently, in Northern Ireland, victims of sexual crime may be referred to counselling after their attack to help them process the trauma. However, during the investigation or subsequent court case, the police, prosecution, or defence may seek access to their counselling records which the victim may then be questioned about in court.
Commissioner Designate Hanna has said she is deeply concerned that this is putting some victims off accessing crucial therapeutic support and is causing those that do avail of support to censor what they say for fear of how it may be used against them.
Speaking as Sexual Violence Week (6 February – 12 February) launches this week, Commissioner Designate Hanna has said she is engaging with stakeholders including the legal profession, victim support organisations, the Public Prosecution Service, the PSNI, and counselling organisations to explore proposals to restrict or wholly exclude these counselling notes from criminal trials.
Speaking as Sexual Violence Week launched, Commissioner Designate Geraldine Hanna said:
“As Commissioner Designate for Victims of Crime in Northern Ireland, one of my key priorities is to strengthen the protection afforded to victim’s personal data including the disclosure of counselling notes. It is crucial that victims of crime, especially victims of rape and sexual violence, feel safe and confident to report these crimes and that they can work confidentially with an appropriate health professional to process their trauma.
“However, I am deeply concerned that the disclosure of third-party counselling notes in rape and sexual assault trials is forcing victims to choose between accessing healthcare and accessing justice. The disclosure of excessive amounts of data and information, which can then be used in court by the defence, has the triple effect of retraumatising victims, making some victims reluctant to access crucial counselling services, or resulting in victims censoring their accounts of their experience to their counsellors in the knowledge that it may be used in court.
“The criminal justice system has an obligation to support victims and to foster an environment which makes victims confident that their experiences will be dealt with sensitively. I am concerned that the disclosure of counselling notes does the opposite of this, however, and makes victims of serious sexual assault less likely to come forward. For crimes which are already underreported and have lower prosecution rates, this is even more concerning.
“I am working with my colleagues in the Bar of NI, the judiciary, voluntary sector, the Public Prosecution Service, the PSNI, and counselling organisations with the hope of finding a positive way forward on this issue. If we are serious about our aim to have a criminal justice system that victims can have confidence in, we must ensure that their rights and needs when engaging with the system are appropriately safeguarded.”
UK Information Commissioner John Edwards said:
“We know from our investigations that the excessive collection of information from victims of rape and serious sexual assault leaves people feeling revictimised by a system they expected to support them.
“The important work by Commissioner Designate Geraldine Hanna for Victims of Crime in Northern Ireland, alongside broader work across the UK, is vital to making progress to prevent victims feeling as though they are being treated as suspects.”