Rape victims should not delay seeking therapy, says updated CPS guidance

Victims of rape and other crimes should not delay receiving therapy for any reason connected with a police investigation or prosecution, the Crown Prosecution Service has said today.

The updated pre-trial therapy guidance, published today, seeks to alleviate victim concerns that accessing counselling could damage the prosecution case.

Prosecutors and police are advised ‘the health and well-being of the victim should always determine decision making with regards to pre-trial therapy’ and it is for the survivor to decide when to seek help and in what form.

The guidance follows the Attorney General’s guidelines on disclosure - which states material should only be sought when relevant - and necessary data protection laws, to ensure requests for personal information are lawful and within the necessary parameters.

The guidance’s fundamental principles reflect the key changes including:

• Victims’ right to decide: All victims should be made aware they can access therapy at any time, and it is separate to the criminal justice process, to make sure their psychological and emotional needs are met. The decision on whether, when and what form of therapy is entirely their own.

• Reasonable lines of enquiry: Police and prosecutors are asked to give very serious consideration as to whether requesting therapy notes represents a reasonable line of enquiry. What is reasonable will depend on the circumstances of the individual case.

• Compliance with data protection laws: Prosecutors, police and therapists must comply with all relevant data protection laws. Therapists are advised to be transparent with victims from the outset and inform them of their right to object at any point. Any requests for therapy notes must be specific and only sought when necessary. Any unfocused requests to browse patients’ files should be not be made.

• Disclosure: These notes will only be shared with the defence if they contain material capable of undermining the prosecution case or assisting the suspect.

Siobhan Blake, CPS lead for rape and serious sexual assault prosecutions said:

“The wellbeing of victims is paramount in every investigation. Survivors of sexual offences can seek the support they need and not worry their road to recovery will have an impact on court proceedings.

“Balancing a victim’s right to privacy with a suspect’s right to a fair trial is a sensitive issue. That’s why we are clear that therapy notes should only be requested where relevant and how they may be used must be clearly explained from the outset.

“Too few victims are seeing justice done, we must rebuild confidence, so more victims are able to see the criminal justice process through.”

The new guidance has been developed following extensive consultation with medical experts and victims’ groups. It also contains expert insights into the impact of trauma on a victim’s memory and demeanour to help address concerns about inconsistencies in victims’ accounts during therapy.

The updated guidance delivers a key pledge of the CPS’s five-year RASSO 2025 strategy to reverse the decline in rape prosecutions and drive up the number of strong cases reaching court.

It complements our refreshed RASSO legal guidance, which addresses damaging myths and stereotypes in an age of changing sexual behaviours and provides advice on when it is reasonable to make requests for personal data such as mobile phone downloads following the rapid growth in digital evidence.