The new pre-trial therapy advice from the Crown Prosecution Service outlines the specific circumstances under which therapy notes can now be used as part of a rape investigation – but campaigners believe the updated guidance will “increase the likelihood” that rape victims’ private therapy notes will be used to “discredit” them in court.
However, campaigners and legal experts say that continuing to allow victims’ private therapy notes to be used in legal proceedings will continue to make the victim’s credibility the centre of these kinds of cases, rather than the alleged actions of the defendant. Vincent continues: “It is largely open to interpretation when a survivor’s therapy records would be deemed “necessary” or a “reasonable line of enquiry”, so further, tighter guidelines should be provided on this.”made to mark the updated guidance, Siobhan Blake, CPS lead for rape and serious sexual assault prosecutions, said survivors should “not worry” that seeking the support they need will influence court proceedings and made it clear that wellbeing should come first.
, a figure believed to be the result of long delays and a lack of support for victims – the latter of which campaigners believe will be made worse under the latest CPS guidance.
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