Statement re ending use of confidential counselling notes in trials
14 November 2025
Dublin Rape Crisis Centre utterly opposes the practice of accessing survivors’ counselling notes by defence teams. We hear directly from the victims and survivors we support that it is one of the cruellest, most retraumatising and degrading aspects of an incredibly arduous and adversarial wider criminal justice system.
We believe that private, confidential and therapeutic counselling notes are being sought to try and undermine the credibility of survivors who are pursuing justice. This is intolerable and must be stopped.
We have seen first-hand how the practice has led to some people feeling they must make a choice between counselling or court. This is evident from what survivors themselves have said, over and over, in detailing the terrible and lasting impact this practice has had on them, amplifying the already enormous trauma resulting from the sexual violence done to them.
This is not a hallmark of a victim-centred system and we in Dublin Rape Crisis Centre have for many years sought an end to what has become a routine practice used against those seeking justice.
As a society, we cannot allow this to become a normalised consequence of holding perpetrators accountable for heinous crimes.
Following the publication of the Joint Oireachtas Committee’s pre-legislative scrutiny on the General Scheme of the Criminal Law and Civil Law (Misc Prv) Bill 2025, Dublin Rape Crisis Centre is calling on the Minister for Justice to find a robust legal solution to this issue that acts on the recommendations made by the Committee. In recent weeks, and as we were not asked to testify at the Joint Oireachtas Committee, we wrote to the Minister and asked that he not proceeed with the Bill in its current form. This legislation is too important to survivors to get it wrong.
The use of counselling notes is one of the most significant barriers facing survivors in trying to seek justice today - it must be confronted and dismantled. How can we say with any confidence that justice is being truly served in Ireland if we stand by and accept that just 5% of adult victims of sexual violence who have disclosed their experience to anyone, make a report to the Gardai?
This stark figure tells us that most victims of sexual violence do not access the justice system at all. The CSO uncovered that almost six in 10 of those (59%), who experienced sexual violence as an adult and had disclosed to someone, did not disclose to the police because they thought what happened was not serious enough. One in 4 people didn’t think the Gardai could help, 17% didn’t think they would be believed and 17% said they didn’t want to go to court.
This should make all members of society very uncomfortable and collectively insistent that change is needed.
Dublin Rape Crisis Centre acknowledges that this is a complex and challenging area, but we firmly believe that significant and ongoing reform across the justice system is necessary. Without this, fewer suvivors will feel able to seek justice and too many perpetrators will continue to avoid being held accountable for their actions.
While many issues need to be tackled if survivors or sexual violence are to feel that the pathway to justice is genuinely open to them, amending the law on access to counselling notes is one of the most urgent.
Anyone affected by sexual violence can get support on the 24-hour National Rape Crisis Helpline 1800 77 8888.
ENDS.
