Shadow attorney general Shami Chakrabarti says current CPS guidance is “cruel”
Labour is calling for an urgent review into therapy for rape victims, amid claims the current guidance discourages people from seeking counselling.
CPS guidance states complainants should avoid discussing details of their abuse with a therapist while a trial is ongoing and that therapy notes could be used as evidence in court.
Shadow attorney general Shami Chakrabarti said this was “cruel”.
The government said guidance “actively encourages” therapy for victims.
Labour’s move follows a Vice investigation, which claimed rape victims were being told not to seek full therapy by police and specialist services.
The guidance is aimed at those involved in arranging therapy, therapists and lawyers involved in making decisions in relevant cases in England and Wales. It was introduced in 2002, when Labour was in government.
It says that pre-trial discussions of alleged sexual assault “may lead to allegations of coaching and, ultimately, the failure of the criminal case”, and advises that therapists should avoid exploring in detail the substance of the specific sexual assault allegations.
It also states that records of therapy “must be maintained so they can be produced if required by the court”.
The guidance adds, however, that aspects of the therapy that “have no material relevance to criminal proceedings will not have to be disclosed”.
Separate CPS guidance from 2012 on prosecuting rape cases states that victims “should not feel reluctant to seek professional assistance”.
Whether they should receive therapy before a criminal trial is “not a decision for the police or the CPS”, it adds, although the CPS should be informed if therapy is either proposed or undertaken.
A spokesman for the Ministry of Justice said a court would only order disclosure of counselling notes “if there were real grounds to believe the evidence could affect the outcome of the case”.
“It is vital that victims are confident they will be treated with the utmost fairness by the justice system,” the MoJ added.
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Rebecca Hitchen, campaign manager for End Violence Against Women, said the “confusing” and “cruel” guidance should be reviewed.
She added it was “shocking” that rape victims were being deterred from accessing “life-saving” specialist support because of issues with the criminal justice system.
Chantel – not her real name – told the BBC’s Victoria Derbyshire programme she was raped and reported it to police “literally hours” after it took place.
However, she said she was told by a rape crisis centre that she could not have counselling but only pre-trial therapy, until any criminal case was over.
“It was kind of confusing that you’ve gone through this event and done exactly what you’re meant to do… it’s kind of disappointing,” she said.
“I’m having pre-trial therapy so basically I’m not allowed to talk about the event that happened to me.”
‘Actively discouraged’
Baroness Chakrabarti told BBC Radio 4’s Today programme there was evidence women were being “actively discouraged” from seeking counselling because of the “clumsy and contradictory” guidance.
The shadow attorney general said that she had been told by mental health professionals that with appropriate training and guidance, victims should be able to obtain support without risking trials being prejudiced.
“But of course it takes resources to do this properly and that’s my fear – that once again you have got a criminal justice system on its knees,” she added.
“Corners are being cut and it’s the most vulnerable victims that are paying the price.”
