ICP Position Statement on Psychotherapy and Counselling Notes
The Irish Council for Psychotherapy rejects the use of psychotherapy and counselling notes as evidence in rape and sexual assault cases and urges Government to end this unsavoury practice swiftly. This is a profound ethical and human rights issue.
The current situation allows defendants and their legal teams access to a victim’s confidential therapy notes, under a provision set out in Section 19A of the Criminal Law Evidence Act, 1992.
Therapy notes are not evidentiary. A therapeutic encounter differs fundamentally from other forms of discourse because it creates a space of non-judgement built on trust and safety. The cornerstone of the therapeutic relationship is confidentiality. A breach of this confidentiality erodes trust not only in the therapeutic relationship but in the wider health system. Forcing the release of therapy notes is a form of intimidation consistent with Ireland’s long history of institutional abuse and the silencing of its victims.
Under current legal practice, an already traumatised victim risks being retraumatised when they go to court. Having already experienced great trauma, they are traumatised further by having their most private thoughts and feelings exposed. There is an argument that it is unconstitutional to disallow access to therapeutic notes, but a defendant’s rights are already enshrined in law by the right to a fair trial, which includes the right to cross-examine their accuser. It is also notable that Section 19A was written at a time when homosexuality was a criminal offence for example, and pregnant girls and women had no right to information, showing that the mentality reflected in Section 19A is wholly behind the times in contemporary Ireland.
The ICP supports calls to end this outmoded and offensive anomaly and encourages you to voice your support. Ireland must align with international best practice and legislate unequivocally for the absolute protection of psychotherapeutic notes.
News Article Links
Open Letter To Ministers: Stop The Use Of Clinical Notes In Rape Cases