Protecting complainers’ human rights in justice system
Who
Rape Crisis Scotland is the national office for the rape crisis movement in Scotland. They support the work of local centres and develop new centres in areas where there are no or few specialist services. They also work with other agencies such as the police, Crown Office and health services providing training and consultancy to improve the response to those who are affected by and who perpetrate sexual violence. Through campaigns, briefings and publications they raise awareness of sexual violence, challenge attitudes and press for legal change. |
The issue
In a criminal prosecution case, the alleged abuser was seeking access to the alleged victim’s medical and psychiatric records. The complainant applied for legal aid to challenge the use of her medical and psychiatric records. Scottish Ministers refused the application for legal aid on the basis that they did not consider that the complainer had any right to appear at any hearing where a decision was made about whether the defence could have access to her medical and psychiatric records. |
The case
In a judicial review where Rape Crisis Scotland supported the petitioner, the court struck down this decision of Scottish Ministers to refuse legal aid to a complainer to enable her to oppose the recovery of her personal records. |
The outcome
As a result, the Scottish Government has put processes in place to ensure that complainers are informed of their rights and can claim legal aid to oppose applications for their medical or other sensitive records. |