RCI welcomes new protections for survivors, but warns implementation will be the real test
16th July 2026: Rape Crisis Ireland (RCI) has welcomed the passage of the Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026 through the Oireachtas, which brings significant reforms for survivors of sexual violence, while cautioning that its impact will depend on how it is implemented.
The Bill establishes a presumption of non-disclosure for victims’ counselling notes in criminal trials, alongside other sensitive records such as medical and child protection files. These records will only be disclosed where a judge determines it is strictly necessary to ensure a fair trial, with independent judicial oversight retained in every case.
While RCI maintains its commitment to ensuring that victims’ sensitive records are not accessed, it welcomes the passing of these strengthened provisions. This welcome comes with reservations, however. The legislative text is only ever as strong as its implementation, and it is implementation that will determine whether survivors experience real protection in practice.
RCI Executive Director, Dr Clíona Saidléar, said: “We have long advocated for increased levels of protection for survivors’ counselling notes, and we welcome their passage into law. But legislation is only as strong as its implementation. Survivors have waited a long time for these protections; we owe it to them to make sure the law works as intended in practice. Rape Crisis Ireland will be closely monitoring and evaluating how these provisions are applied.”
The Bill also introduces two new criminal offences: offering accommodation in exchange for sexual activity, and advertising accommodation on that basis. This closes a long-standing legislative gap and offers protection to those in precarious housing situations, particularly women, migrants and international students.
RCI commends Senator Laura Harmon for first introducing this legislation in 2025, and Minister for Justice, Home Affairs and Migration, Jim O’Callaghan TD, for taking it forward to enactment.
