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

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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

“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. 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.

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

 

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