Healing versus Justice? part 1

This is the first of 3 episodes where we explore the intersection of EMDR with the Justice system. It follows a decision by the Commonwealth DPP to discontinue a case of sexual assault because the complainant, Dr Katie Bird, had EMDR before making her report to police. This obviously raised many issues for EMDR therapists, but most importantly, for victims/survivors.

Following publicity about the case, many EMDR therapists were concerned their clients would have to choose between Healing and Justice. Some organisations were pausing EMDR therapy if clients might make a future statement to police. We wanted to understand how the legal system makes decisions about cases like Katie's; and how EMDR therapists could help our clients heal, without risking their right to justice.

In this episode Jenny gives a brief over view of Katie's case and important concepts of "admissibility" and "reliability" of evidence in courts. Then she is joined by Harriet Murphy, a lawyer, who walks us through the Australian legal system – a user friendly overview – what happens when someone reports an alleged crime? Who makes decisions about whether the matter will be investigated, or prosecuted? What happens if it gets to court?

The links below contain resources and information relating to this case, and themes discussed in this episode:

The original ABC report about Dr Katie Bird's case:

https://www.abc.net.au/news/2026-03-09/mental-health-emdr-therapy-may-have-cost-katie-justice/106425114

An article that challenges some of the misconceptions underlying the CDPP decision:

https://pursuit.unimelb.edu.au/articles/why-do-australian-courts-still-distrust-a-proven-trauma-therapy

A Victorian County Court Fact sheet that has useful information on the criminal trial process:

https://www.countycourt.vic.gov.au/files/documents/2020-07/factsheet-6-criminal-trial-process.pdf

Further information on EMDR training and resources by

Dr Jenny Dwyer is available at https://emdracademy.com.au/