Victims and survivors of rape and sexual assault will be provided
greater privacy and dignity during police investigations under
significant changes announced by the Home Office today.
Under the new measures, police and other agencies will only be
able to request crime victims' private counselling notes in
special circumstances, in a move designed to improve the
experience of victims, encourage more to come forward and
eventually result in higher prosecutions.
Historically, police investigating crimes routinely asked for the
counselling notes of victims as part of their investigations,
leading to many feeling their privacy was being further violated
after a traumatic experience and putting many off continuing with
their case.
In the worst-case examples, these notes were used to decide on
whether to proceed with a prosecution, particularly where victims
had disclosed issues with their mental health to therapists.
As a result, victims had often been advised to
avoid seeking counselling while police investigations were
ongoing, despite many rape cases not reaching trial for 2 years
or more, prolonging their suffering.
With a recent case review finding that almost 30% of rape cases
included requests for counselling records, this is a significant
step to ensure victims receive the privacy they deserve.
The new guidance follows the publication of the violence against women and
girls strategy which was published last month. It aims to
prevent violence against women and girls before it takes place.
It will also support more victims through a raft of hard-hitting
measures, including putting dedicated units in every police force
to more effectively tackle rape and sexual assault and provide
better care for victims.
Violence against women and girls is a national emergency
with one in eight women a victim of domestic abuse, sexual
assault or stalking last year. Two hundred rapes are recorded by
the police every day, with many more unreported.
The changes announced today are expected to improve victim
experience by:
- providing greater privacy and dignity – victims' counselling
records will only be requested in rare circumstances, reducing
unnecessary intrusion into their personal lives
- faster, more focused investigations – by limiting unnecessary
requests, the changes aim to reduce delays and keep
investigations on track
- restoring confidence in the justice system – victims can be
reassured that their rights and wellbeing are central to the
investigative process; the aim is for fewer victims dropping out
of the process, eventually increasing prosecutions
Under the new rules, police requests for counselling notes must
be necessary, proportionate, and relevant – as set out in a new
victim information request code of practice. Requests for
counselling information must also be cleared at the Chief
Inspector level – significantly raising the bar for these types
of requests.
With around half of rape victims withdrawing support for police
investigations last year, it is hoped by improving victims'
experience, this will encourage more to come forward to help
bring more vile predators to justice.
Minister for Safeguarding and Violence against Women and Girls
said:
Rape and sexual assault devastate victims' lives, but the sad
truth is police investigations often only prolong that trauma.
But by stopping police routinely accessing counselling notes, we
hope that more victims will have the confidence to come forward
and help us bring more predators to justice.
This is about more than just words. We are deploying the full
power of the state to make this country safe for women and girls.
Siobhan Blake, National Crown Prosecution Service Lead for Rape
and Serious Sexual Offences, said:
No victim of rape should have to suffer further trauma when
receiving justice. Alongside policing partners, our prosecutors
are determined to make sure each victim experiences a justice
process which is supportive, sympathetic, and victim-centred.
Today, we welcome the announcement from the Home Office that a
higher threshold for requesting victims' personal counselling
notes will be imposed, protecting victims and encouraging
policing and legal professionals to scrutinise a suspect's
actions over everything else.
Andrea Simon, Director of the End Violence Against Women
Coalition (EVAW) said:
We're delighted that from today, police officers will no longer
be able to routinely access rape survivors' private counselling
notes, following our campaign to keep counselling
confidential. Counselling is a space to explore feelings, and
access to it is critically important in healing from trauma.
We now need to see strong implementation of the new guidance so
that it is followed by police forces across the country, as well
as an information campaign to inform survivors and therapists of
their new rights.
