Victims’ counselling records must be banned in criminal trials – Butterly

The disclosure of’ counselling notes to criminal trials serves little purpose other than re-traumatising victims of sexual and gender-based violence, a Fine Gael TD has said.

Deputy Paula Butterly, who is Vice-Chair of the Oireachtas Committee on Justice, said that the practice of admitting counselling notes in court must be banned in totality.

Deputy Butterly said: “As we approach International Day for the Elimination of Violence against Women next week, it is heartening to see the unanimous support of the Justice Committee to recommend banning the use of counselling notes during its recent pre-legislative scrutiny phase.

“There is no middle ground on this issue. There must be no half measures – counselling notes must go. There should be no space within our judicial system for victims to have their inner thoughts questioned and examined.

“As things currently stand, before any sentence is passed down in any courtroom, the victim must sit through all the evidence, which is in itself harrowing. But that their counselling records can be requested and potentially admitted as evidence is deeply traumatic.

“This can and does prevent people from coming forward, for fear that their innermost thoughts and fears will be dissected in a full courtroom. We cannot have any barriers to potential victims of sexual crimes feeling that they cannot come forward and report an assault.”

Deputy Butterly is calling upon Justice Minister Jim O’ Callaghan and the Department of Justice to take on the Committee’s proposals and ban the use of counselling notes in all forms during criminal trials.

“We must ensure that our legal system is respectful of victims’ dignity and maintains a consideration for the effects and sensitivities of trauma,” she added.

Minister O’Callaghan has now received a copy of the committee’s report, which will be considered in the finalisation of the Department’s Draft Bill.