1.1.5 Pre Trial Therapy

This guidance was issued by the Crown Prosecution Service in May 2022. Exposure to criminal offending, in particular sexual violence, can lead to significant psychological and emotional difficulties, and victims will often be assisted in their recovery by obtaining therapy. The fear of causing a criminal prosecution to fail has in some instances resulted in therapeutic support to victims being delayed until after the trial on the basis that it might be argued that the treatment could have tainted the victim’s evidence by interfering with the accuracy of their recall of the incident(s). This fear is speculative and conflicts with the need to ensure that victims are able to receive, as soon as possible, effective treatment and therapeutic support to assist their recovery. This guidance is clear that therapy should not be delayed for any reason connected with a criminal investigation or prosecution.