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NWC welcomes survivor focused recommendations in sexual offence trials and sex for rent exploitation

Published: Thursday, November 13, 2025

The National Women’s Council (NWC) today (13th November) welcomed the report of the Joint Oireachtas Committee on Justice, Home Affairs, and Migration which was released today as part of Pre-Legislative Scrutiny of the General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025

The Committee unanimously proposed a number of positive recommendations. This includes a complete and unconditional ban of the use of counselling records in sexual offence trials. This is the result of listening and including survivors’ experiences at different stages of today’s report. This recommendation acknowledges that survivors should not have to choose between pursuing justice and accessing vital mental health supports.

Ivanna Youtchak, Violence Against Women Coordinator at NWC, said:

“The use of counselling records in sexual offence trials is an issue of huge concern to survivors, therapists, NWC and many of our members. We know it has become standard practice for defence teams to request victim and survivor's counselling notes in sexual assault trials. As we heard from survivors today, the use of these notes is a severely retraumatising practice for victims and survivors, and it can deter survivors from accessing mental health supports. We need the Government to  follow the report’s recommendation by legislating that counselling notes can never be considered or used as evidence. Government must also explore effective legislative solutions to prevent any legal barriers that may cause delays in court cases.  There are outstanding questions regarding the actual probative value of counselling notes, yet there is overwhelming evidence in practice of the enduring negative impact this has on victims and survivors.”

NWC also welcomes the recommendation in line with NWC research, to extend tenancy protections in informal housing arrangements to combat sex-for-rent exploitative arrangements by landlords. On this issue, the Committee also recommended strengthening the regulations and moderation of online platforms hosting sex for rent advertisements, as well as a public information campaigns. To work as intended, more consideration needs to be given to ensure enforcement challenges from the Criminal Justice (Sexual Offences) Act 2017 Section 45 are addressed, as well as the nuanced forms of online advertisement highlighted in NWC’s research.

Speaking on this recommendation, Ivanna Youtchak said:

“NWC's 2024 research has highlighted sex for rent as a damaging and dehumanising issue for women across Ireland. It is often the most marginalised who are impacted, including women experiencing homelessness, migrant women including asylum seekers and refugees who are trying to leave Direct Provision, and women fleeing domestic violence. No woman should have to choose between abuse and homelessness, and the implementation of these recommendations would potentially contribute to ending this.”

NWC looks forward to our continued engagement on this Bill as it progresses to Committee Stage. We hope the Government – in light of these recommendations from a cross-party Committee report – can take leadership on implementing them without delay with victim-centred justice and housing systems.

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