The Use of Sexual History Evidence and ‘sensitive Private Data’ in Scottish Sexual Offences Trials

Join us for our March MAEVe Seminar, where visiting Professor Sharon Cowan presents on "The Use of Sexual History Evidence and ‘sensitive Private Data’ in Scottish Sexual Offences Trials"

Online: Zoom link provided upon registration

Abstract

The paper presents findings from a recently completed research project, funded by the Scottish Government, on how rape complainers’ sensitive private data is used in rape and attempted rape trials in Scotland. The project assessed how ‘rape shield’ legislation, which governs whether such evidence can be introduced in sexual offences trials, is working in practice.  While we found substantial progress in how complainers are treated when compared with the findings of previous research published in 2007, we also saw ongoing problems with some aspects of the legislation’s application. The paper sets out some possible recommendations for reform, and discusses the ethics and emotional impact of doing research on the treatment of gender based violence in the criminal justice system.

Presenter Bio

Professor Sharon Cowan is a Professor of Feminist and Queer Legal Studies at the School of Law, University of Edinburgh. Her research focuses on gender, sex and sexuality related issues across a range of areas including equality law, asylum law, and criminal law and criminal justice. Recent research includes a comparative socio-legal project looking at the impact of law on transgender people; a project on trans inclusive practices in museums and galleries; law and policy on sexual misconduct on campus; and a Scottish Government funded project examining the operation of ‘rape shield’ legislation in Scottish sexual offences trials.