Counselling may be offered to victims of serious sexual assault. According to the Northern Ireland victims of crime commissioner, rape victims are forced to choose between justice and healthcare.
Geraldine Hanna stated that victims were asked to consent for “excessive” personal information to be given during trials, including counselling notes.
The victim of crime commissioner focuses on the victims’ needs.
Ms. Hanna was the first person to assume the role. She was appointed by Naomi Long, then-Justice Minister, in June, 2022.
Victims of serious sexual assault in Northern Ireland may be referred for counselling. The victim may also be asked about their counselling records by the police, prosecution or defense.
Ms Hanna stated that she was concerned about the fact that some victims were unable to access crucial support or forced to censor their counselling because they “feared it might be used against them”.
She spoke at the start of Sexual Violence Week and stated that it was vital victims of rape or sexual violence feel safe reporting crimes and working confidentially to heal trauma.
She stated that “one of my top priorities is to strengthen protection afforded victims’ personal data, including the disclosure counselling notes.”
“I am deeply concerned about the disclosure of third party counselling notes in rape or sexual assault trials. This forces victims to choose between accessing health care and accessing justice.”
A recent report from the Information Commissioner (ICO), made recommendations to police and prosecution authorities to tighten security measures that govern access to victim’s personal information.
Ms Hanna is currently working with the legal profession and victim support organizations, the PSNI, the PSI, and counselling organizations to explore the possibility of excluding counselling notes from criminal trials.
Nexus NI chief executive Joanne Barnes said that the charity receives daily requests for counselling notes from clients.
Nexus decided that case notes can only be issued to clients in two situations; express permission from the client directly or under court order.
“We had to take this action in order to strengthen confidentiality, respect, and dignity that our clients deserve.” There should never be a choice between justice and their health.
Foyle Women’s Aid’s Marie Brown stated that she has seen people “time and again” being disappointed by the process, or seeing others’ experiences, and thought, “This is not worth it.”
“If someone seeks counselling, it should be confidential and in which they share their innermost thoughts,” she said.
According to the Public Prosecution Service (PPS), all victims of sexual offenses should feel secure that they can receive treatment without having to give up their privacy.
Ciaran McQuillan from the PPS Serious Crime Unit stated, “We in PPS appreciate the deep-rooted and complex sensibilities around victims having to have their personal information accessed during a criminal trial.”
“As prosecutors, our duty is to apply the law and ensure fair trial. Compliance with our disclosure obligation is part of ensuring fair trials.”
McQuillan stated that the PPS would only ask police for material from third parties if it was a reasonable avenue of inquiry.
Lindsay Fisher, Superintendent of the PSNI, stated that police welcome the chance to work together “to ensure we are best supporting victims and delivering effectively.”
John Edwards, UK Information Commissioner, stated that “the important work of Commissioner Designate Geraldine Hana for victims in Northern Ireland crime is alongside wider work across the UK is vital to making progress towards preventing victims feeling like they are being treated like suspects.”
