Police access to rape victims counselling notes
There has been a welcomed development in the process the police must take when dealing with a rape or sexual assault investigation.
The police will not have automatic access to the counselling notes of rape and sexual assault victims anymore. Should a professional, for example the police, require these notes, then it will have to be considered absolutely necessary and proportionate. Where the officer feels this information would be necessary for the investigation, it will have to be confirmed by the Chief Inspector.
This is an incredibly important developed in the new code of practice as allowing the police to have access to the victims counselling notes can add a further level of violation for victims. The End Violence Against Women campaigners explained how harrowing it can be for victims to have to provide these notes to the police, often causing the victim to be ‘forced to choose between pursuing justice or healing from trauma’*. Where there is a possibility that these notes may decide whether this case would go to trial, victims were often advised against counselling sessions whilst the police investigate. The case itself may not have reached the court for at least two years after the crime has been reported. Therefore, the victim is left unable to receive a substantial level of care that they may require (counselling/therapy sessions) just in case it affects the likelihood of prosecution. This is where the forced decision between justice and healing comes into play.
Where the police are no longer automatically allowed access to victims counselling notes, hopefully the divide between receiving justice, or attempting to heal from the crime that has taken place, may begin to coincide instead.