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 language | English |
|---|---|
| Pages (from-to) | 33-56 |
| Number of pages | 24 |
| Journal | Edinburgh Law Review |
| Volume | 15 |
| Issue number | 1 |
| DOIs | |
| Publication status | Published - May 2011 |
Keywords
- Criminal evidence
- Criminal procedure
- Human rights
- Duty of disclosure
- Privacy
- Rape
- Scotland
- Sensitive personal data
- Sexual behaviour
- Victims
