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Production of Personal Records in Sexual Offences Trials
This paper will investigate the position of disclosure of personal records in other jurisdictions and will discuss the lack of specific legislation on this issue in South Africa. It will also explore legal options available for complainants and record holders to resist the disclosure of this informa...
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| Format: | Thesis |
| Language: | English |
| Published: |
Institute of Criminology
2014
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| _version_ | 1867613928568127488 |
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| access_status_str | Open Access |
| author | Pithey, Bronwyn |
| author_browse | Pithey, Bronwyn |
| author_facet | Pithey, Bronwyn |
| author_sort | Pithey, Bronwyn |
| collection | Thesis |
| description | This paper will investigate the position of disclosure of personal records in other jurisdictions and will discuss the lack of specific legislation on this issue in South Africa. It will also explore legal options available for complainants and record holders to resist the disclosure of this information as well as the rationale of the defence and the courts in admitting this information into evidence as relevant. The paper will attempt to reveal the flawed reasoning of the defence and the courts in justifying the use of personal records of complainants by investigating the myths and stereotypes about women, children and sexual assault that inform this reasoning, and will recommend how government must intervene to combat this phenomenon to ensure real protection of women and children in the criminal justice system. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4455 |
| institution | University of Cape Town (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:43:56.638Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Institute of Criminology |
| publisherStr | Institute of Criminology |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/4455 Production of Personal Records in Sexual Offences Trials Pithey, Bronwyn This paper will investigate the position of disclosure of personal records in other jurisdictions and will discuss the lack of specific legislation on this issue in South Africa. It will also explore legal options available for complainants and record holders to resist the disclosure of this information as well as the rationale of the defence and the courts in admitting this information into evidence as relevant. The paper will attempt to reveal the flawed reasoning of the defence and the courts in justifying the use of personal records of complainants by investigating the myths and stereotypes about women, children and sexual assault that inform this reasoning, and will recommend how government must intervene to combat this phenomenon to ensure real protection of women and children in the criminal justice system. 2014-07-30T18:00:18Z 2014-07-30T18:00:18Z 2014-07-30 Master Thesis Masters LLM http://hdl.handle.net/11427/4455 en application/pdf Institute of Criminology Faculty of Law University of Cape Town |
| spellingShingle | Pithey, Bronwyn Production of Personal Records in Sexual Offences Trials |
| thesis_degree_str | Master's |
| title | Production of Personal Records in Sexual Offences Trials |
| title_full | Production of Personal Records in Sexual Offences Trials |
| title_fullStr | Production of Personal Records in Sexual Offences Trials |
| title_full_unstemmed | Production of Personal Records in Sexual Offences Trials |
| title_short | Production of Personal Records in Sexual Offences Trials |
| title_sort | production of personal records in sexual offences trials |
| url | http://hdl.handle.net/11427/4455 |
| work_keys_str_mv | AT pitheybronwyn productionofpersonalrecordsinsexualoffencestrials |