Major health organisations warn decision to allow rape victims’ private therapy notes to be accessed in court could be ‘damaging and devastating’
A coalition of major health organisations has joined forces to warn the Crown Prosecution Service (CPS) of the potentially ‘devastating impact’ of new rape victim guidance, that they say will prevent victims from accessing vital therapy and see private therapy notes used in court.
The group, made up of professional bodies in the health sector, has written to the CPS saying that this change could prevent many victims from seeking therapeutic treatment due to fear of their notes being made public and possibly used against them in court.
The new guidance advises that therapy notes could be accessed if it is thought they may be ‘relevant’ to the case. The group say this is too broad and allows for unnecessary use of private medical information at the expense of victims, damaging the vital trust-based relationship between a therapist and victim.
Sarb Bajwa, Chief Executive of the BPS which co-ordinated the letter, said: “We are deeply concerned that this guidance increases the likelihood that rape victims’ private therapy notes will be accessed by the court and used against them. This is hugely damaging and could have a devastating impact on victims’ willingness to seek therapy, and even on their willingness to report their rape and proceed with the criminal process.
“There are already provisions in guidance to allow for therapy notes to be disclosed in criminal investigations where there is reason to believe it would undermine the prosecution or support the defence, so this new guidance is unnecessary and could damage the delicate trust-based relationship between a therapist and victim.
“A lack of support for victims, including confidence in pre-trial therapy, has been cited as one of the key reasons for victims not supporting further action. So any guidance that could prevent victims from pursuing their case in the courts could be hugely damaging and we urge the CPS to reconsider this new guidance in the interests of public health.”
The full letter reads:
Dear Ms Lawrence,
I am writing to you on behalf of a coalition of representative bodies for psychology, counselling, psychotherapy and psychiatry regarding the Crown Prosecution Service (CPS) guidance published on 26th May 2022.
We wish to express concerns that this guidance increases the likelihood that rape survivors’ private therapy notes will be accessed by prosecutors.
The pre-existing provisions already allowed for therapy notes to be disclosed in criminal investigations where there is reason to believe that this would undermine the prosecution or support the defence. This new guidance advises that therapy notes should be secured if it is thought they may be “relevant” to the case. We believe that this is too broad and allows for unnecessary use of private medical information at the expense of survivors.
Building a trusting relationship is essential to effective therapeutic support and is often particularly difficult to establish in cases of sexual violence. It is also essential that people feel able to be open about their thoughts and feelings. The proposed guidance will make the establishment of trust much harder as people will fear that the notes of therapy, which are likely to be extremely sensitive for them, will be seen by others and may even be used against them in court
The fear created by this guidance may mean that many people will not access therapy when they need it and the therapeutic process will be seriously compromised even if people do engage with it.
We therefore strongly urge you to reconsider this new guidance in the interests of public health.
Kind regards,
British Association for Counselling and Psychotherapy
Royal College of Psychiatrists
The British Psychological Society
The National Counselling Society
UK Council for Psychotherapy
