IAHIP STATEMENT ON THE USE OF THERAPY NOTES IN SEXUAL ASSAULT COURT TRIALS

The Irish Association for Humanistic and Integrative Psychotherapy (IAHIP) firmly opposes the use of therapy notes in sexual assault trials. Allowing these private records into court undermines confidentiality, threatens the integrity of therapeutic care, and places survivors at significant risk of re-traumatisation.

Therapy notes are not investigative records. They are deeply personal reflections created to support healing and recovery, not to bear legal scrutiny. To treat them as reliable evidence is a fundamental distortion of their purpose.

Arguments that disclosure is necessary to safeguard the rights of the accused do not stand up to examination. Irish law already provides strong protections, including the presumption of innocence, the right to cross-examine, and full access to relevant evidence.

As things stand, counselling notes may be disclosed in court under the provisions of Section 19A of the Criminal Evidence Act, 1992. These provisions are a relic of another time, predating the decriminalisation of homosexuality in this country in 1993. They have no place in modern Ireland.

This is not only a legal matter but also a public health concern. Confidentiality is central to therapy, just as solicitor–client privilege or the confessional seal are inviolable. Undermining this trust harms not only individual survivors but confidence in the entire Irish mental health system.

Across Europe, therapy notes are treated as highly sensitive medical records. Psychotherapists, doctors, and counsellors are generally bound by law not to disclose them, and judicial access is granted only in very exceptional cases. Article 8 of the European Convention on Human Rights protects medical confidentiality, allowing interference only when lawful, necessary, and proportionate. In Germany, for example, psychotherapists may legally refuse testimony, while in the UK recent reforms have strengthened victims’ rights not to have notes routinely accessed.

In contrast, Ireland remains an outlier. Here, therapy notes can be requested as part of routine trial disclosure, leaving survivors’ privacy at significant risk. This practice not only lags behind European standards but actively discourages survivors from seeking the support they need.

We call for Ireland to align with best European practice by recognising therapy notes as prima facie confidential medical records. Survivors of sexual assault should never be forced to choose between pursuing justice and protecting their mental health. IAHIP reaffirms its commitment to defending survivor rights and safeguarding the integrity of therapeutic care.