New rules enhance privacy for victims

Victims and survivors of rape and sexual assault are set to gain greater privacy and dignity during police investigations with the implementation of new rules announced by the Home Office. Under these significant changes, police and other agencies will only be able to request victims' private counselling notes in exceptional circumstances, a move that aims to improve the overall experience of victims and encourage more individuals to come forward. The hope is that by making these changes, the number of prosecutions will rise.

Historically, law enforcement agencies frequently requested the counselling notes of victims as part of their investigative procedures. This often left victims feeling that their privacy was violated after already enduring traumatic experiences, which subsequently discouraged many from pursuing their cases. In extreme instances, such notes were used to make decisions about whether to proceed with a prosecution, particularly when mental health issues were disclosed during therapy sessions.

Consequently, victims found themselves advised against seeking counselling while police investigations were active, causing added distress, especially since many rape cases can take two years or longer to reach trial. A recent case review indicated that almost 30% of reported rape cases included requests for counselling records, making these changes a crucial step toward protecting the privacy victims rightfully deserve.

These new guidelines are part of the violence against women and girls strategy published last month, aiming to prevent such violence from occurring in the first place and to ensure better support for victims. With statistics showing that one in eight women experienced some form of domestic abuse, sexual assault, or stalking in the last year, the urgency for effective measures is evident. The police record approximately 200 rapes daily, with a significant number remaining unreported.

Key benefits of the announced changes include: providing greater privacy and dignity by limiting access to counselling records, encouraging a more streamlined investigation process by minimising unnecessary requests, and restoring confidence in the justice system by affirming that victims' rights and well-being are prioritized throughout investigations. The new victim information request code of practice outlines that requests for counselling notes must now be necessary, proportionate, and relevant, and must receive approval at the chief inspector level—significantly elevating the threshold for such requests.

Last year saw nearly half of rape victims withdraw their support for police investigations, underscoring the critical need for a more supportive environment. By enhancing victim experiences, authorities hope to encourage more individuals to come forward to help bring offenders to justice.

Minister for Safeguarding and Violence Against Women and Girls, Jess Phillips, commented on the changes, stating that “Rape and sexual assault devastate victims’ lives, but the sad truth is police investigations often only prolong that trauma.” She expressed hope that ceasing the routine access to counselling notes will empower more victims to seek justice. Phillips emphasized that these efforts go beyond mere words, asserting a commitment to leverage governmental authority to ensure a safer environment for women and girls.

Siobhan Blake, National Crown Prosecution Service Lead for Rape and Serious Sexual Offences, highlighted the importance of these changes, saying “No victim of rape should have to suffer further trauma when receiving justice.” She stressed that prosecutors are determined to provide a process that is sympathetic and centred on the victim’s experience.

Andrea Simon, Director of the End Violence Against Women Coalition, celebrated the announcement, noting that the decision marks an end to the routine access of rape survivors' private counselling records. Simon emphasized the critical nature of counselling in healing, urging for strong implementation of the new guidelines to ensure compliance across police forces, as well as an educational campaign to make survivors and therapists aware of their new rights.

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