Change to rape trial counselling notes law is patronising, say campaigners

By Bairbre Holmes, Press Association

Therapists and survivors of sexual abuse handed in bags of shredded counselling notes to the Department of Justice on Thursday, describing changes in the laws around the use of such records during trials as “patronising”.

A letter from survivors to Minister for Justice Jim O’Callaghan was also handed in as part of the protest, which took place shortly before a Bill legislating on the matter was debated in the Dáil.

An amendment to the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 would require a disclosure hearing takes place before counselling records are allowed into evidence during sexual assault trials.

Under the current legislation, complainants can waive their right to such a hearing.

We feel that they're actually pushing us backwards and not forwards. We’re trying to get survivors a right to heal, as well as a right to seek justice

Speaking in the Dáil, Mr O’Callaghan said this “has not operated as intended” and “complainants feel pressurised to agree to the waiver”.

The amendment will remove the waiver, so there will be a hearing in all cases.

Speaking on the steps of the department, Paula Doyle, who had her counselling notes used in evidence during a rape trial, said the experience left her feeling so “contaminated and vile” she self-harmed.

She agreed to hand her records over to the Director of Public Prosecutions as a hearing would have delayed her case “another six to nine months”.

“I was barely surviving at the time,” she said. “I couldn’t see tomorrow, never mind six to nine months.

“So, I said, ‘Oh, it’s OK, take them’ not knowing that they would actually be used in court.”

Prior to handing them over to the Director of Public Prosecutions, she had to read “three and a half, four years” of records.

She said “it was distressing, it was really difficult, it was hard” to relive what she had gone through.

“I was healing, but that just sent me straight back.”

Campaigner and therapist, Bairbre Kelly, described the amendment as “patronising” and it “doesn’t go nearly far enough”.

“If anything, we feel that they’re actually pushing us backwards and not forwards. We’re trying to get survivors a right to heal, as well as a right to seek justice.”

She said the amendments “are proving” that “survivors are not protected and respected in Irish law”.

The Therapists Against Harm founder said a campaign launched last week, where therapists take a pledge to never hand over counselling notes, is “growing incredibly fast”.

People Before Profit-Solidarity TD Ruth Coppinger has backed the campaign.

She said the amendment takes “agency away from the complainant” and hands “all power to the judge” and introduces another “traumatising hearing” for victims to sit through.

A similar system introduced in Canada in 2020 led to an increase in requests for counselling notes from the defence, she said.

She added: “We want a complete ban, there shouldn’t be any fear on behalf of somebody that their notes will be accessed at all.”

Addressing the Dail, Mr O’Callaghan said the attorney general’s advice was that such a ban “is not compatible with the constitution”, but said the legislation being debated was “not the end of the matter”.

He said: “I’m committed to restricting intrusions into victims’ privacy rights to the maximum extent permissible under the constitution.”

Mr O’Callaghan said he was looking into other measures which would mean it would become the “default position” that “counselling notes are not to be disclosed”.

And they would only be used “if an accused’s fair trial rights are at risk”.

He said he intends to “expand the protections” of the legislation to” encompass other records containing sensitive personal data, such as medical records, child protection records and other such documents.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.