Social Affairs

Rape survivors’ counselling notes no longer admissible as evidence from next year

Helen McEntee said she wants the situation where notes from victims’ counselling sessions can be sought by defence teams in rape or sexual assault cases, ‘changed’

Pictured at the launch of Dublin Rape Crisis Centre’s Annual Report for 2023 is Ann Marie Gill, Dublin Rape Crisis Centre Chairperson with the Minister for Justice Helen McEntee TD and Rachel Morrogh, Dublin Rape Crisis Centre CEO. Photograph: Andres Poveda

Kitty Holland
Thu Jun 27 2024 - 18:37

Rape survivors’ counselling notes will no longer be admissible as evidence in criminal trials from early next year.

Minister for Justice Helen McEntee, said she wants the situation where the notes from victims’ counselling sessions can be sought by the Director of Public Prosecutions (DPP) or defence teams in rape or sexual assault cases, “changed”.

“I don’t want this to be a feature in court cases,” she told The Irish Times. Preparatory work was nearing completion, she said, to enable legislative change to end the practice. Among critical issues to be addressed is balancing the right to a fair trial and right to privacy.

Ms McEntee was speaking in Dublin on Thursday at publication of the 2023 annual report from the Dublin Rape Crisis Centre showing a 25 per cent increase in calls to the 25-hour helpline in two years.

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The event heard from a number of survivors including Paula Doyle who was raped in September 2019 by a man she thought was a friend who was walking her home from a party. Aidan Kestell, Briarswood Lawn in Dublin 15 was jailed in March for seven and half years for the rape.

Ms Doyle, speaking in a video for the DRCC shown at the event, said counselling had “saved my life, definitely”.

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She asked where the justice was in her counselling notes being admitted as evidence in the trial, but not those of Kestell had he gone for counselling between the rape and the trial.

“We got a request from the Director of Public Prosecutions for my counselling notes. These are supposed to be confidential and private counselling notes,” she said. “They can also be seen by the perpetrator of the crime. Has he not done enough? He attacked me that night, invaded my body.

Sarah Grace, who was sexually assaulted by a burglar in her home in July 2019, said counselling was “critical for somebody going through trauma, especially sexual trauma”. Ibrahim Elghynaoui, was found guilty of aggravated sexual assault of Ms Grace, and sentenced to 10 years in prison in 2021.

Counselling was “a safe space to talk to about a topic that is so taboo yet strikes at the very core of a person’s psyche,” she said.

“Counselling played such a critical part on my path to rebuilding myself after the attack, but only because it was founded on the understanding that the words I spoke were uttered in the privacy, safety and sanctity of the counselling room.”

Her counselling notes being sought as part of her perpetrator’s trial as a “second violation”, she said.

The Minister said she envisaged necessary preparatory work to end the practice to be done “before the end of the year if not earlier”.

“That has taken longer than anyone would like but we have had engagement with the DPP. The Department of Health is integral to this.. So over the next few months we will have that body of work done that will hopefully produce the work that we need to be able to change this.

“I want this changed. I don’t want this to be a feature in court cases but I need to make sure anything I do to make changes can’t be challenged.”

The national 24-hour rape crisis helpline is at 1800 77 8888. If in immediate danger, call or text 112.

Kitty Holland

Kitty Holland

Kitty Holland is Social Affairs Correspondent of The Irish Times

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