Rape victims in Northern Ireland are being forced to choose between healthcare and justice because of the requirement to hand over “excessive amounts” of personal data during trials, it has been claimed.
Northern Ireland’s Commissioner Designate for Victims of Crime, Geraldine Hanna, raised concern over access being sought to counselling notes for sexual assault victims.
A recent report by the Information Commissioner (ICO) outlined a series of recommendations for police and prosecuting authorities to tighten the safeguards governing access to a victim’s personal data.
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But Ms Hanna said currently in Northern Ireland victims of sexual crime may be referred to counselling after their attack to help them process the trauma. However, during the investigation or subsequent court case, the police, prosecution, or defence may seek access to their counselling records - which the victim may then be questioned about in court, she stated.
She has said she is “deeply concerned that this is putting some victims off accessing crucial therapeutic support and is causing those that do avail of support to censor what they say for fear of how it may be used against them”.
Speaking at the beginning of Sexual Violence Week, Ms Hanna said she is engaging with the legal profession, victim support organisations, the Public Prosecution Service, the PSNI, and counselling organisations to explore proposals to restrict or exclude these counselling notes from criminal trials.
She said: “One of my key priorities is to strengthen the protection afforded to victim’s personal data including the disclosure of counselling notes. It is crucial that victims of crime, especially victims of rape and sexual violence, feel safe and confident to report these crimes and that they can work confidentially with an appropriate health professional to process their trauma.
“However, I am deeply concerned that the disclosure of third-party counselling notes in rape and sexual assault trials is forcing victims to choose between accessing healthcare and accessing justice.
“The disclosure of excessive amounts of data and information, which can then be used in court by the defence, has the triple effect of retraumatising victims, making some victims reluctant to access crucial counselling services, or resulting in victims censoring their accounts of their experience to their counsellors in the knowledge that it may be used in court.”
She added: “The criminal justice system has an obligation to support victims and to foster an environment which makes victims confident that their experiences will be dealt with sensitively.
“I am concerned that the disclosure of counselling notes does the opposite of this, however, and makes victims of serious sexual assault less likely to come forward. For crimes which are already underreported and have lower prosecution rates, this is even more concerning.”
UK Information Commissioner John Edwards said: “We know from our investigations that the excessive collection of information from victims of rape and serious sexual assault leaves people feeling re-victimised by a system they expected to support them.
“The important work by Commissioner Designate Geraldine Hanna for Victims of Crime in Northern Ireland, alongside broader work across the UK, is vital to making progress to prevent victims feeling as though they are being treated as suspects.”
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