Will Police Really Stop Accessing Rape Victims' Counseling Notes?

The new code of practice introduced by the Home Office means that survivors of rape and sexual assault will no longer be required to provide police access to their counselling notes, except under strict conditions. This change aims to protect victims' privacy and encourage them to seek counselling without fear that their therapeutic records will be used against them in legal proceedings.

Last updated: 22 October 2023 (BST)

What’s happening now

As of Monday, a new Victim Information Request Code of Practice has come into effect, significantly altering how police can access the counselling notes of rape survivors. Previously, many victims reported feeling their privacy was violated when police sought access to these sensitive records, a practice that dissuaded some from pursuing necessary therapeutic support. Under the new guidelines, police can only request such notes when absolutely necessary and proportionate, with a clear emphasis on safeguarding the privacy of survivors.

Key takeaways

Survivors of rape and sexual assault are no longer required to share counselling notes with police in most cases.
Requests for counselling records must now meet strict criteria and be approved at the chief inspector level.
This change aims to protect victims’ privacy and encourage them to seek counselling without fear of legal repercussions.

Timeline: how we got here

The shift towards this new code of practice has been a gradual process, reflecting years of advocacy for victims' rights. Key milestones in this timeline include:

April 2024: The previous government backs changes to the handling of survivors' counselling records.
October 2023: The new Victim Information Request Code of Practice comes into force, prohibiting routine access to counselling notes.

What’s new vs what’s known

New today/this week

The most significant development is the implementation of the new code of practice, which restricts police access to counselling notes to only those cases deemed absolutely necessary. This marks a crucial step in victim support, as it aims to create a safer environment for survivors to seek help without the threat of their records being used against them in court.

What was already established

Previously, it was reported that up to 30% of rape cases involved requests for counselling records. In some instances, these records were pivotal in deciding whether to proceed with prosecutions, leading to the unfortunate situation where victims felt compelled to forgo counselling during police investigations, which can often take years to resolve.

Impact for the UK

Consumers and households

This new policy is expected to have a profound impact on victims' willingness to report crimes and seek counselling. With privacy concerns alleviated, more survivors may come forward, which could lead to increased reporting of sexual crimes and ultimately to a change in societal attitudes towards these issues.

Businesses and jobs

For therapists and counselling services, this change is likely to lead to an increase in clients. Mental health professionals may see a shift in how they interact with clients who have been victims of sexual violence, as they can now provide their services without the fear that their notes could be scrutinised by law enforcement.

Policy and regulation

The new guidance is part of a broader strategy by the Labour government to combat violence against women and girls. The government has pledged to halve the rate of such violence over the next decade, signalling a commitment to improve safety and support for survivors.

Numbers that matter

30%: Proportion of rape cases that previously involved requests for access to counselling notes.
50%: Percentage of rape cases that were called off in the year ending June 2025 due to victims withdrawing support for police investigations.
2 years: Average time it takes for rape cases to reach trial, creating significant delays for victims seeking justice.

Definitions and jargon buster

Victim Information Request Code of Practice: A set of guidelines governing how police can access information from victims, particularly regarding sensitive counselling records.
Chief Inspector: A senior rank within the police force responsible for overseeing investigations and ensuring compliance with regulations.

How to think about the next steps

Near term (0–4 weeks)

In the immediate future, it is crucial for police forces across the UK to implement the new guidelines effectively. Training sessions may be necessary to ensure that officers fully understand the restrictions regarding accessing counselling notes.

Medium term (1–6 months)

Within the next few months, the impact of this change should begin to be measurable. Authorities will likely monitor the number of survivors coming forward to report crimes and the rate of prosecutions in sexual assault cases.

Signals to watch

Increased reports of sexual assault and rape following the implementation of the new code.
Feedback from survivors and therapy professionals regarding their experiences under the new guidelines.
Statistical analysis of the outcomes of rape cases post-implementation.

Practical guidance

Do

Encourage survivors to seek counselling without fear of legal repercussions.
Educate police officers on the importance of respecting victims' privacy in sensitive cases.
Advocate for robust implementation of the new guidelines across all police forces.

Don’t

Do not assume that all survivors will feel comfortable reporting their experiences immediately.
Avoid using personal details from counselling sessions in legal proceedings without proper justification.
Do not dismiss the need for ongoing support for survivors as the legal system processes their cases.

Checklist

Ensure victims are informed about their rights under the new code.
Verify that police training includes the new guidelines on counselling note requests.
Monitor and report on the implementation of the code within local police stations.
Encourage conversations about the importance of mental health support for survivors.
Keep updated with government strategies aimed at reducing violence against women and girls.

Risks, caveats, and uncertainties

While the new code of practice represents a significant step forward, uncertainties remain regarding how consistently it will be implemented across different police forces. There is also the risk that without proper training, some officers may still attempt to access counselling records without meeting the strict criteria set out in the guidelines. Monitoring and feedback from survivors will be essential to ensure that these changes have a lasting positive impact.

Bottom line

This development marks a crucial advancement in the treatment of survivors of rape and sexual assault in the UK. By allowing victims to seek counselling without the fear of their private records being accessed by police, the new code of practice aims to foster a safer environment for survivors to pursue both healing and justice. Continued advocacy and monitoring will be vital in ensuring that these changes are effectively implemented.

FAQs

What does the new code of practice entail for survivors?

The new code of practice means that survivors of rape and sexual assault no longer have to provide police access to their counselling notes, except under strict conditions deemed necessary.

Why was this change implemented?

This change was implemented to protect the privacy of survivors and encourage them to seek counselling without the fear that their therapeutic records could be used against them in legal proceedings.

How will the effectiveness of this new code be measured?

The effectiveness of the new code will likely be measured by monitoring the number of survivors reporting crimes and the outcomes of rape cases following its implementation.