Disclosure of records and privacy rights in rape cases

Fiona E. Raitt

    Research output: Contribution to journalArticlepeer-review

    Abstract

    Examines the potential impact of the disclosure regime introduced by the Criminal Justice and Licensing (Scotland) Act 2010 for rape complainants and assesses how their privacy rights can be protected. Discusses the tension between treating sexual and mental health history information as "sensitive" or as "materially" weakening the prosecution case.
    Original languageEnglish
    Pages (from-to)33-56
    Number of pages24
    JournalEdinburgh Law Review
    Volume15
    Issue number1
    DOIs
    Publication statusPublished - May 2011

    Keywords

    • Criminal evidence
    • Criminal procedure
    • Human rights
    • Duty of disclosure
    • Privacy
    • Rape
    • Scotland
    • Sensitive personal data
    • Sexual behaviour
    • Victims

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