This Australian study explores the use of sexual violence victims’ private records in criminal prosecutions and how independent legal representation (ILR) – a dedicated lawyer for victims – can protect victims’ private records. It draws on a national survey of 145 sexual violence victims who have experienced a criminal prosecution process, interviews and a focus group with 24 practitioners, and an analysis of 14 pre-trial transcripts in court cases where victims’ counselling records were sought. 

Together, the findings provide insight into how victims’ private records are used in court, the effects this has on victims and why participants believe ILR is needed to enforce protections of victims’ private records.

Key findings

• Victims’ private records, especially digital communications, medical and therapeutic records, and records of prior sexual experiences, are commonly sought in criminal prosecutions regarding sexual violence matters across Australia.
• Victims’ private records are typically sought to highlight inconsistencies in victims’ accounts and motives to lie.
• There is strong support for victims having independent legal representation as a way of protecting their private records by more effectively challenging the rationale for applications to access these records, and to ensure a more procedurally fair experience.