Statement on the Use of Counselling Notes in Sexual Offence Cases
Kerry Rape and Sexual Abuse Centre (KRSAC) is strongly opposed to the current continued use of counselling notes as evidence in sexual violence court cases and calls on the government to make urgent legal reform. KRSAC stands in solidarity with the survivors who have spoken out and courageously shared their lived experiences of being retraumatised by the use of counselling notes in court trials and are campaigning to end this practice.
The very foundation of a therapeutic counselling relationship is confidentiality, trust, and a non-judgmental safe space. The current provision set out in Section 19A of the Criminal Evidence Act, 1992 which allows the release of counselling notes to defence teams strikes at the core of the therapeutic relationship which should be the most basic right available to every survivor who is seeking support.
From listening to survivors, we know that the knowledge of counselling notes being released can become a barrier for survivors who would like to access support. Equally, we also hear from survivors that it can be the reason why they don’t report to the Gardaí and can pose a barrier to survivors seeking justice and holding perpetrators accountable.
Sexual violence is a very serious public health issue and an epidemic in Ireland with 52% of women and 28% of men experiencing sexual violence in their lifetime1. With such prevalence of sexual violence occurring, it is essential that we assure there is a survivor centred and trauma informed response to sexual violence throughout every aspect of our society and the justice system.
KRSAC welcomes the Minister of Justice’s acknowledgement of the need for further legislation regarding the use of counselling notes in sexual offense trails. The Joint Oireachtas Committee on Justice, Home Affairs and Migration’s report on pre-legislative scrutiny of the general scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 20252 has reviewed this matter and made a recommendation for a ban on the use of counselling notes in sexual offence trials.
KRSAC understands that legally this is a very complex issue before the government and we ask the state and the courts to carefully consider their duty to uphold the rights of the victim to privacy and dignity and to remove every barrier possible for survivors to access both the support and justice they deserve.
Kerry Rape and Sexual Abuse Centre is committed to advocating for legal reform that prioritises the privacy, dignity and protection of survivors.
Anyone affected by sexual violence can get support by calling KRSAC’s helpline on 1800 633 333 or the national 24-hour rape crisis helpline on 1800 77 88 88.
1
https://www.cso.ie/en/releasesandpublications/ep/p-svsmr/sexualviolencesurvey2022mainresults/keyfindings/
2 https://data.oireachtas.ie/ie/oireachtas/committee/dail/34/joint_committee_on_justice_home_affairs_and_migration/reports/2025/2025-11-13_report-on-pre-legislative-scrutiny-of-the-general-scheme-of-the-criminal-law-and-civil-law-miscellaneous-provisions-bill-2025_en.pdf