You Do Not Have to Delay Therapy
The justice process can take months or years. Your support should not have to wait
For years, survivors have faced a frightening dilemma: will getting therapy affect my case?
You may have heard that starting counselling could damage your evidence, change your memory, or mean everything you tell your therapist could end up being seen by the police, prosecutors or defence.
That fear has led survivors to delay vital support. But the position today is clear: you do not have to put therapy on hold because you have reported an offence or because a criminal investigation or prosecution is underway.
What does the CPS say?
The CPS’s Pre-Trial Therapy: Accompanying Note for Therapists makes clear that there is no requirement to delay therapy because of an ongoing police investigation or prosecution. It says that a person’s health and wellbeing should determine whether, when and with whom they have therapy. Importantly, the decision is not one for the police or CPS to make.
You do not need to wait until after giving your police statement or ABE interview to begin therapy. And if you are already receiving therapy when you decide to report an offence, you do not have to stop. Therapeutic support can continue before, during and after criminal proceedings.
Current CPS RASSO guidance also confirms that the decision about whether to have pre-trial counselling or therapy is not for the police or CPS.
Can I talk about what happened?
Yes. There is no general rule saying you cannot talk about the offence in therapy because a criminal case is ongoing. Therapy is not a police interview. It is a space intended to support your emotional and psychological wellbeing. It can be useful to tell your therapist if an investigation or prosecution is active. They can explain:
How they keep notes and records.
What confidentiality means within their service.
When they might have to share information.
What would happen if police requested information.
Whether a particular therapeutic approach needs additional consideration while proceedings are ongoing.
Some specific therapeutic techniques may require additional consideration because they could have evidential implications. That does not mean therapy itself needs to stop or be delayed.
Will having therapy make me less believable?
Seeking support does not, in itself, make you an unreliable witness. The CPS recognises the importance of victims being able to access effective treatment and therapeutic support as soon as possible to assist their recovery.
Having therapy should not mean putting your pursuit of justice at risk - and pursuing justice should not mean putting your recovery on hold.
What changed in January 2026?
This is important. On 12 January 2026, new protections concerning victims’ counselling information came into force through the Victim Information Requests framework.
The change followed years of campaigning through #KeepCounsellingConfidential, led by the End Violence Against Women Coalition (EVAW), Rape Crisis England & Wales, and the Centre for Women’s Justice and Rights of Women.
The campaign challenged the routine and intrusive requesting of survivors’ private counselling information - a practice campaigners warned could leave survivors feeling forced to choose between justice and recovery.
EVAW described the January changes as a major win for survivors’ rights to privacy, justice and healing.
Can police still request my counselling information?
Yes - but the threshold is now significantly higher. Under the Victim Information Requests Code of Practice, there is a starting presumption that a request for counselling information is neither necessary nor proportionate. For that presumption to be overcome, an investigator must have reason to believe that the information sought is likely to have:
“substantial probative value to a reasonable line of enquiry.”
Investigators should consider whether the information can be obtained in a less intrusive way and should seek only the information necessary for that particular line of enquiry. Crucially, the fact that you have received counselling is not enough on its own to justify accessing your counselling information.
Nor should records be sought to speculate about your credibility. Requests for counselling information are also subject to senior police authorisation - generally at Chief Inspector level or above.
What happens if my counselling information is requested?
There are safeguards around the process. You should normally receive written information explaining what is being requested, why it is being sought and how the information will be dealt with. Where reasonably practicable, you should also have an opportunity to give your views about the request. There are limited exceptions - for example, where providing information could prejudice an investigation or create a risk of serious harm.
Objecting to a request does not automatically stop your case. And there is another important distinction:
Police obtaining counselling information does not automatically mean they will hand everything in those records to the defence.
Material is disclosed to the defence only where the relevant legal disclosure test is met.
Before beginning therapy
If you have an ongoing criminal case, you may want to ask the therapy service:
What information will you record?
How detailed are your notes?
Who can access them?
How long are they kept?
What does confidentiality mean within your service?
What would happen if police requested information?
Would you tell me if a request was made?
Do you have experience supporting people during criminal proceedings?
An Independent Sexual Violence Adviser (ISVA) may also be able to help you understand your options and find appropriate support.
If someone tells you to wait
Ask why. Ask what guidance or policy their advice is based on. You can ask for that advice in writing. You can also show them the current CPS information or speak to your ISVA about what you have been told. A blanket instruction that you must avoid therapy until an investigation or trial has finished is not consistent with the current CPS position.
England and Wales. Information checked September 2026.
This is general information, not legal advice.
