Exploring Effective Participation for Complainers of Sexual Crime in Scotland

Brindley, S. (2023) Exploring Effective Participation for Complainers of Sexual Crime in Scotland. Working Paper. Glasgow Open Justice. (Early Online Publication)

Abstract

Despite decades of law reform on sexual offences, low conviction rates and high levels of complainer re-traumatisation continue to cause concern in sexual crime cases. Excesses of cross-examination and the impact of delays in cases coming to court play a significant role in the re-traumatisation experienced by complainers seeking justice. There has been little exploration of the impact of a complainer’s status as a witness within the criminal justice process, and the resulting marginalisation experienced by those seeking justice in adversarial criminal justice processes. Consequently, the potential impact of giving complainers of sexual crime meaningful procedural rights - that is, rights to participate in the process – requires further scrutiny. This research engages directly with complainers of sexual crime to explore key concepts of justice and agency, to inform reform of justice responses.

• Item Type: Research Reports or Papers (Working Paper)
• Keywords: Sexual crime; participation; victims' rights; rape; sexual assault.
• Status: Early Online Publication
• Glasgow Author(s) Enlighten ID: Brindley, Sandy
• Authors: Brindley, S.
• College/School: College of Social Sciences > School of Law
• Publisher: Glasgow Open Justice
• Published Online: 21 December 2023
• Copyright Holders: Copyright © 2023 Sandy Brindley
• Publisher Policy: Reproduced with the permission of the author