Unions NSW is supporting a campaign to end the right for defendants to access sexual assault counselling notes.
The campaign was established by investigative journalist Nina Funnell, Marque Lawyers, RASARA (Rape and Sexual Assault Research and Advocacy) and several people whose counselling notes were subpoenaed which caused them considerable harm.
If a complaint goes to court, defence lawyers may issue a subpoena for their counselling files.
Once they have the files, which include written files, voice and video recordings of counselling sessions, they often use the content to humiliate, retraumatise and re-victimise the complainant by replaying counselling calls during cross examination. In some cases, these private notes have been leaked to the media without the complainant’s knowledge.
In NSW there is confusion as to whether these subpoenas can be challenged and if they are there is a cost burden on the counselling service or client.
This means many services do not challenge the subpoenas and for many complainants the first they know the defence and the defendant have their files is when they attend the court case.











Leave a Comment
Your email address will not be published. Required fields are marked with *