'They have no loyalty': Private rape crisis call read out in court

When Madi Lane contacted 1800RESPECT after she was raped in 2020, she believed the conversation would be confidential.

That wasn't the case.

The transcripts were later read out in court, in front of her attacker.

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"They have no loyalty to the people they're helping but they so willingly give out the information," Madi said.

Legally, conversations with helpline services, counselling notes and medical records can be subpoenaed by defence lawyers.

"Counsellors, psychologists and therapists can potentially push back on these subpoenas," survivors advocate Nina Funnell said.

"But they often don't know they have the legal right to do that."

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Nina's campaign, "Don't Subpoena Our Support: Keep Counselling Confidential" is now calling for urgent reform to bolster laws to protect victim-survivors from their attackers eavesdropping.

"There needs to be an absolute blanket protection on these counselling and medical notes, so that survivors are not being re-traumatised and humiliated and re-victimised by our court system," said Nina.

A Current Affair sent detailed questions to 1800RESPECT. They wouldn't go on the record regarding how often they are subpoenaed, saying only they treat the "safety and privacy of people affected by violence" with the "highest priority".

Don't Subpoena Our Support: Keep Counselling Confidentialhttps://www.megaphone.org.au/petitions/don-t-subpoena-our-support-keep-counselling-confidential?just_launched=true

Full Stop Australia: 1800 385 578 (24/7 sexual domestic and family violence counselling service)