Forensics: What Bugs, Burns, Prints, DNA and More Tell Us About Crime

by Val McDermid

For the sake of due process, the defence lawyer of an accused rapist must have access to all of the same medical records of the complainant as the prosecution lawyer, ‘Women are shocked when they find out,’ explains Fiona. ‘They think, “How did they get that?” The defence lawyer will say, “Is it the case that you were on tablets, let’s see, oh, tranquillisers, about three years ago because you had a bout of mental health issues?” And before you know it they are creating a story of this un-credible person who probably can’t remember very well and who perhaps is still taking tablets. For one reason or another, the most vulnerable witnesses are the ones with the longest medical records, and the defence have a field day. Complainants do have the right to refuse to pass over their records but they often don’t because they haven’t properly grasped the significance of revealing them.’