Major health organisations warn CPS guidance that allows rape victims’ private therapy notes to be accessed in court is 'damaging and dangerous'

The group, made up of professional bodies in the health sector, has written to the CPS saying that this change could prevent many victims from seeking therapeutic treatment due to fear of their notes being made public and possibly used against them in court.

The new guidance advises that therapy notes could be accessed if it is thought they may be 'relevant' to the case. The group say this is too broad and allows for unnecessary use of private medical information at the expense of victims, damaging the vital trust-based relationship between a therapist and victim.

Sarb Bajwa, Chief Executive of the BPS which co-ordinated the letter, said: 

"We are deeply concerned that this guidance increases the likelihood that rape victims' private therapy notes will be accessed by the court and used against them. This is hugely damaging and could have a devastating impact on victims' willingness to seek therapy, and even on their willingness to report their rape and proceed with the criminal process.

There are already provisions in guidance to allow for therapy notes to be disclosed in criminal investigations where there is reason to believe it would undermine the prosecution or support the defence, so this new guidance is unnecessary and could damage the delicate trust-based relationship between a therapist and victim.

A lack of support for victims, including confidence in pre-trial therapy, has been cited as one of the key reasons for victims not supporting further action. So any guidance that could prevent victims from pursuing their case in the courts could be hugely damaging and we urge the CPS to reconsider this new guidance in the interests of public health."