Disclosure of records and privacy rights in rape cases

Fiona E. Raitt

doi:10.3366/elr.2011.0003

Disclosure of records and privacy rights in rape cases

Fiona E. Raitt

Research output: Contribution to journal › Article › peer-review

2 Citations (Scopus)

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	https://doi.org/10.3366/elr.2011.0003
Publication status	Published - May 2011

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 3 Good Health and Well-being
SDG 16 Peace, Justice and Strong Institutions

Keywords

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

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10.3366/elr.2011.0003

Cite this

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AB - 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.

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KW - Criminal procedure

KW - Human rights

KW - Duty of disclosure

KW - Privacy

KW - Rape

KW - Scotland

KW - Sensitive personal data

KW - Sexual behaviour

KW - Victims

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DO - 10.3366/elr.2011.0003

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VL - 15

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Disclosure of records and privacy rights in rape cases

Abstract

UN SDGs

Keywords

Access to Document

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