Once relevancy decisions are shown to be based on myth and stereotype, the information they offer on the complainant's past history has no bearing on the facts in issue in a sexual assault trial or on the complainant's credibility. Action stations Following the gaoling of Di Lucas, a group comprising survivors of sexual assault, lawyers, academics, sexual assault counsellors and parliamentarians formed The NSW Working Party concerning the confidentiality of counsellors' notes, to push for a change in the law, and while that was pending, to provide assistance for counsellors facing a subpoena of their notes. Susan Kendall, with almost 20 years behind her as a counsellor became the first counsellor to go to court and contest a subpoena. If it takes 100 civilians to put a soldier in the field, it took an assembly of legal officers to prepare Kendall for her first hearing. Annie Cossins, DPP staff and lawyers from the Women's Legal Resource Centre all rallied behind her.
Public interest is in fact an important part of the new law.
This often involves discussing highly sensitive information, which, if revealed, further violates and betrays a victim's rights. Counselling relationship damaged The relationship in counselling is built on respect, trust and privacy. Breaching any of these undermines the relationship. Some people have refused to continue with counselling when told of the risk that their communication might be revealed to the defence. Victims fear retribution and feel less safe There is always a fear that if the perpetrator has access to a complainant's counselling notes he may be able to identify where the victim lives or works.