The sharing of counselling records in rape trials has been described as an “outdated, misogynistic process that has no place in a justice system claiming to be trauma-informed”.
Hazel Behan was speaking at a hearing on Tuesday of the Oireachtas Justice Committee, which is considering The Criminal Law and Civil Law (Miscellaneous Provisions) Bill, 2025.
The Bill, which received Government approval in May, legislates for matters including the use of counselling notes in rape prosecutions.
Ms Behan, who was allegedly raped by Christian Brückner, the chief suspect in the disappearance of Madeleine McCann, has lodged a case at the European Court of Human Rights over failures by the Portuguese police who investigated her case.
RM Block
The Oireachtas Bill includes measures that would mean counselling records are only potentially released when the accused has applied to the court for their disclosure and after the judge has made a decision.
A protest was held outside Leinster House before the hearing when demonstrators, including Ms Behan, urged the Government to outlaw the sharing of counselling notes completely.
During the protest, Ms Behan said the issue was “deeply important”.
“It’s a huge barrier for victims in getting the help that they deserve following the unthinkable,” she said.
“Knowing that the person who I believe caused the most horrendous crimes against me has the opportunity to lust over how he has affected my life is sickening.”
People Before Profit-Solidarity TD Ruth Coppinger said access should be outlawed.
“Once you maintain the possibility of somebody’s counsel records being used, you’re already making it very difficult for people to go to therapy, because they don’t see it as confidential. You’re creating a trauma straight away,” she told the protest.
“It’s really bad that the Government has decided to push the issue of counselling records into a miscellaneous Bill with 14 other issues.
“This is an issue that merits being dealt with separately or in relation to misogynistic practices in our court system and it shouldn’t be denigrated in this way.
“This is a hangover from a past era. I believe in the right to a fair trial, but this is no evidential value.”
Also speaking at the protest, psychotherapist Barbara Kelly said she had never met a therapist who did not want this practice banned.
“The whole thing is just so weighed against survivors and healing and justice. And it seems to be very much in favour of the abuser,” she said.
Ms Behan said: “We have been silenced for so, so long and the Government and the legislation is continuing to do that and we’re refusing to do that now.
“What I say to my counsellor is none of your business. And it’s certainly none of the business of the person who I believe harmed me.”
The Bill includes measures such as outlawing the practice of seeking sex for rent and it gives gardaí power to require a person to remove a face covering when they reasonably expect it is worn to intimidate or to hide the identity of a person intending to commit a crime.
