[ryanm101]

>This isn’t a “gap in the law” at all: it’s protection against incriminating yourself.

So someones life should be ruined if you falsely accuse them simply because you shouldnt be allowed to incriminate yourself?

[fabricexpert]

Self incrimination is not the same as a false accusation.

Imagine if the person raped committed a different crime, unrelated to the rape, for which there was evidence of that on their phone.

In order to report the rape, they have to self incriminate themself for that crime as well? In this scenario any drug user, prostitute or other criminal has no protection from the law against being raped.

[coherentpony]

Or even more simply, even if there's no "other" crime: it's my personal data. I have a right to privacy.

[ryanm101]

Isn't that the same though as if you have ill gotten funds / drugs, I steal them from you but you cant report that. I've still committed a crime against you but you cant report it due to the fact you committed a crime in the first place.

Kinda hard to feel sorry for a criminal being unable to report a crime.....

[coldtea]

>Imagine if the person raped committed a different crime, unrelated to the rape, for which there was evidence of that on their phone.

Yeah, so a second crime was solved too. That's bad because?

[deogeo]

The defense can still request access to the phone at trial.

[ptaipale]

Again this depends on jurisdiction. Is what you say the case in England?