Counselling notes in rape cases
Deputy Barry criticised the use and disclosure of rape victims' counselling notes in criminal cases. The Taoiseach said he had fundamental concerns about accessing such notes and that the issue needed further examination in light of the O'Malley report.
"It made me feel sick. This person physically attacked me, raped me, invaded my body, then left me lying in a hedgerow like I was a piece of rubbish - and now he could read [my] personal, private and intimate thoughts". These are the words of Paula Doyle. Paula was referring to her counselling notes, which had been requested by the DPP. They were seen not only by the DPP but also by the defence team and her rapist. This was not an exceptional case. It is common for victims' counselling notes to be used by the defence in gender-based violence cases. The CEO of the Dublin Rape Crisis Centre, Rachel Morrogh, has referred to requests for counselling notes as "surely one of the most dreaded and cruellest points on a victim's journey to justice". This week the whole country discussed with anger, scorn and passion the issue of the courts and systemic misogyny. I know there is talk of a working group down the road, but given the week that is in it, will the Minister join with me in saying that Rachel Morrogh is correct that this practice is cruel and should be ended?
Comment on this
I have fundamental concerns with the utilisation of counselling notes in cases of rape or where trauma has been visited to an extraordinary degree on a person. The O'Malley report was a significant watershed in endeavouring to improve the journey of a person through our criminal justice system and our legal system, particularly a person who is the victim of rape or assault.
That certainly needs to be examined. I do not have all the answers here this morning but there is something very fundamental about accessing someone's counselling notes. People may have a reason for seeking them but I do not disagree with the fundamental point that has been made by Rachel Morrogh.