Abuse victim calls for improved pre-trial support

Kevin Curran has spent more than 20 years campaigning following the death of his brother

A man whose brother took his own life aged 13 after suffering sexual abuse has called for better pre-trial support for victims.

Kevin Curran, from York, who was also a victim of abuse, said he and his younger brother Declan were "point blank refused" counselling after being told talking about the case could jeopardise the defendant's trial.

Mr Curran, 45, who has spent more than 20 years fighting for change, said pre-trial counselling should be mandatory rather than expecting victims to request support themselves.

The Ministry of Justice said victims should not feel put off from accessing pre-trial help, adding that the government provided funding for specialist support as well as a 24/7 phone line.

Kevin Curran (pictured right with his brother Declan), said they were told not to talk about their case before the trial

Declan Curran was found dead in his family home in 1995 just days before he was due to give evidence in court against his abuser.

Mr Curran, who has waived his right to anonymity, said he believed his brother had struggled after being told not to discuss the case.

Under the Victims’ Code, which came into force in 2006, survivors of rape and serious sexual assault are allowed to access counselling and therapy before the case goes to trial - but must work within guidelines set out by the Crown Prosecution Service (CPS).

However, Mr Curran said: “From speaking to lots of other survivors they are telling me they are either being dissuaded from having it [therapy] or they get it but under the caveat that they can’t talk about certain things.

“It’s like saying to someone after a car crash that they can’t treat their injuries until the insurance claim is settled."

This is echoed by charities representing victims of sexual abuse, including Victim Support, which found that survivors and therapists often agreed at the start to avoid discussing the facts of the case, instead focusing on their feelings.

This is because the defence in the trial could access the therapy notes and there was a fear that what was said in those notes could be used against the victim in the case.

It also stated that some survivors found pre-trial therapy “was not offered or they were not made aware” that they could access it, even when it was felt they were in need of it.

In May 2024 an amendment was made to the Victims and Prisoners Act, which raised the legal threshold as to when counselling notes would be accessed by the police to help survivors feel more confident to talk about their experience.

'Do not delay seeking support'

Mr Curran said the only way to improve the system further was to make the counselling mandatory.

The CPS said victims “should not delay seeking the support they need” and that they should not worry about the impact on court proceedings.

Last year Mr Curran met the former justice secretary Alex Chalk, after the Labour MP for York Central Rachael Maskell raised Declan’s case when the Victims and Prisoners Bill was introduced to the House of Commons.

The legislation, which aimed to improve the support and guidance offered to victims of crime, was passed through Parliament in May 2024, but without Mr Curran being able to achieve his goal of amending it.

Maskell said the bill had been "rushed through in the wash-up before the election”.

The charity Rape Crisis said it would be "monitoring closely" how the legislation was "applied in practice” and urged the government to properly fund specialist support services.

A Ministry of Justice spokesperson said: “The law is clear that things said confidentially during therapy are not to be requested by the police, unless they are following a reasonable line of inquiry in the investigation.”

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