I struggle with the idea of trauma therapy, therapy for survivors of abuse, or pre-trial therapy as ‘specialist’. Therapists will meet survivors of many different kinds of trauma (abuse, domestic violence, racial harm, ableism, classism, etc.) wherever we work. It is not an uncommon clinical phenomenon, it is daily life for many.
On the topic of pre-trial therapy: therapists are ethically required to be aware of any guidance or legislation that is relevant to our clients.
What are pre trial therapy guidelines?
There are different versions of pre trial therapy guidelines throughout the UK, issued by the corresponding legal bodies in those areas (England & Wales, Scotland, northern Ireland).
You can read the Crown Prosecution Service guidelines on pre-trial therapy here:
https://www.cps.gov.uk/prosecution-guidance/pre-trial-therapy
There is a dedicated chapter in my book on pre-trial therapy in England & Wales, including quotes from survivors of abuse who have navigated the criminal justice process:
What do the pre trial therapy guidelines say?
The pre trial therapy guidelines apply to any client who is a victim of any crime – not just survivors of abuse. Historically these guidelines have been disproportionately applied to people affected by sexual and domestic violence.
The result has been restrictions in survivors’ rights to speak freely in a confidential setting, and to access therapeutic support when requested. Furthermore, the use of therapy notes as evidence in criminal proceedings has been experienced by many survivors as intrusive and re-traumatising.
When the Crown Prosecution Service guidelines changed in 2022, the clause that the victim of a crime can’t talk about details of said crime in therapy was finally lifted. Clients can now speak freely when pre-trial. Equally, therapists can offer their services to survivors of abuse / victims of crimes as they would at any other time.
How can therapists help clients pre trial?
Therapists have an opportunity to provide a supportive and helpful experience for the relatively brief amount of time we work with a survivor.
It shouldn’t be down to luck as to whether a client gets what they need within a largely inaccessible mental heath system. If they have navigated the system to meet you, as well as managing their mental health to get to an appointment, we should step up accordingly.
Take action if you recognise the system doesn’t work for survivors. Write to your MP, write to your regulatory body, demand that your training course supports you to work pre-trial, and contact organisations who challenges the restrictive guidelines to make change collectively.
More than this: listen to survivors, make space for the reality of their lived experiences, and use your professional power to advocate for and with survivors to make change.
If you are a survivor of abuse navigating the criminal justice system, I can offer psychotherapy pre-trial.
If you are a therapist or organisation seeking training on pre-trial therapy, I can help.
Contact me at enquire@therapy-leeds.co.uk.
