Courts need to presume counselling notes will not be disclosed in sexual violence trials

We have spent decades trying to retrofit an adversarial system designed for property disputes to accommodate the reality of gendered sexualised violence, writes Dr Cliona Saidléar of Rape Crisis Ireland 

Hazel Behan, survivor and campaigner with Survivors of sexual violence, in front of the Dáil last year to hear Ruth Coppinger introduce her bill to outlaw counselling notes being used by defendants in gender-based violence trials. File photo: Leah Farrell/© RollingNews.ie

Rape Crisis Ireland (RCI) is calling for a presumption of non-disclosure of counselling notes in rape and sexual violence trials. 

As the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026 makes its way through the Dáil, we have a crucial opportunity to address a fundamental injustice in our justice system — the routine violation of survivors' most private therapeutic conversations. While we welcome the minister for justice's indication that he is likely to bring forward an amendment on this matter, we are seeking reassurance that it will set the highest possible standard for protection, and that it will be implemented with the transparency and consistency survivors deserve.