6 days ago
Irish survivors to tell UN session why they want a ban on use of counselling notes in rape trials
Survivors of sexual offences will call on the Irish Government to ban outright the use of counselling notes in sexual offence trials, at a session of the United Nations on Monday.
Ciara Mangan and Leyla Simsek of Beyond Surviving will be joined by human rights and equality researcher Lisa Murray in Geneva for a session of the Committee on the Elimination of all forms of Discrimination Against Women.
During the session — which runs from Monday to July 4 — the committee will review Mexico, Thailand, Ireland, Afghanistan, San Marino, Chad, and Botswana on how the countries are implementing the UN Convention on the Elimination of all forms of Discrimination against Women.
New bill stalled by Government
The session comes just days after the Criminal Law (Prohibition of the Disclosure of Counselling Records) Bill 2025 brought forward by Ruth Coppinger was stalled by the Government for a year.
The bill aims to ban outright the use of counselling notes in sexual offence trials.
Ciara Mangan described as 'gut-wrenching' Thursday's decision not to progress the bill beyond second stage for 12 months, which a Government amendment said was 'to allow for consideration by the Minister for Justice, Home Affairs and Migration to consider and bring forward provisions relating to Counselling Records".
Justice minister Jim O'Callaghan secured Government approval last month to draught legislation which would result in complainants' counselling notes only being disclosed in sexual assault trials if the court decides they are relevant.
However, in a submission to the UN, Beyond Surviving described the minister's proposal as legislating to continue the practice of disclosure of counselling notes, 'rather than cease it'.
Practice 'removes the victim's agency'
The group says that the use of counselling notes in sex offence trials are 'disproportionately discrediting a truthful victim'.
The submission added: 'Further, it removes the victim's right to non-disclosure, claiming it to be a solution to victims being 'fearful that if they do not agree to furnish the records, the prospect of a successful prosecution may be put in jeopardy'.
It thereby removes the victim's agency entirely, denying any option to exercise the right to nondisclosure.
The survivors' group argues that allowing counselling notes in court cases is a breach of human rights 'when such information is non-evidentiary and perpetuates harm through re-victimisation".
The submission says: 'Beyond Surviving contends that the current legislation and proposed amendment is a violation of our rights.'
Calling the use of counselling notes a violation, the submission also says: 'We assert that this practice is discriminatory and a breach of women's rights to access health and justice. It is a violation of our privacy and deeply harmful. This violation must be eradicated.'
Arguing that their use does not lead to a fair trial, the submission continued:
"We do not agree that emotional records from therapy bear relevance to the trial or help to determine the facts of the case.'
The submission added: 'Significant harm and suffering caused by such interference [in using counselling notes] outweighs what is suggested as its purported benefit.'
