BCMH 2: Holistic Care of the Rape Survivor Flashcards
Define rape.
Any person (“A”) who unlawfully and intentionally commits an act of sexual penetration with a complainant (“B”), without the consent of B, is guilty of the offense of rape
Define compelled rape.
Any person (“A”) who unlawfully and intentionally compels a third person (“C”), without the consent of C, to commit an act of sexual penetration with a complainant (“B”), without the consent of B, is guilty of the offence of compelled rape.
Define corrective rape.
Person A has to cure person B of homosexuality so rape them, common in family members and community
Sexual penetration
Any act which causes penetration to any extent whatsoever by: (3)
a.) The genital organs of one person into or beyond the genital organs, anus, or mouth of another person;
b.) Any other part of the body of one person or, any object, including any part of the body of an animal, into or beyond the genital organs or anus of another person; or
c.) The genital organs of an animal, into or beyond the mouth of another person “sexually penetrates” has a corresponding meaning namely “sexual violation”
Consent: Voluntary or uncoerced agreement.
Rape thus implies that the person does not _______ or without ______ agree to an act of sexual penetration,
voluntarily
coercion
Thus no intimidation, threat of harm, false pretenses or fraudulent means or the person is: (4)
At what age can a person legally consent to sex?
16 years and above.
Who cannot legally give consent for sex?
Individuals under 12 years old or those who are mentally incapacitated.
Can a spouse say no to sex?
Yes, any person who says NO, including a spouse, must be respected.
What is statutory rape?
Statutory rape occurs when someone older than 16 years has a sexual relationship with a minor, anyone younger than 16 years old.
Is it considered statutory rape if a teenager between 12 and 16 years old has sex with someone less than 12 years old?
Yes, statutory rape occurs despite consent in this scenario.
What does Section 15 & 16 amendment state regarding reporting consensual sex within a certain age group?
It states that there is no obligation to report consensual sex within that age group, but it’s important to check the validity of consent.
Would consensual sex between two minors, both older than 12 but younger than 16, be considered statutory rape?
No, in the eyes of the law, it would not be considered statutory rape.
How has the criminalization of adolescents having consensual sex been addressed?
To enhance disclosure and the therapeutic process, adolescents engaging in consensual sex can no longer be criminalized.
According to the Criminal Law (Sexual Offenses and Related Matters) Amendment Act (Act 32 of 2007), what is the obligation regarding reporting sexual offenses against children or mentally disabled persons?
A person who has knowledge or reasonable belief of a sexual offense against a child or a mentally disabled person must report it immediately to a police official. Failure to do so can result in a fine, imprisonment for up to five years, or both.
According to the Children’s Act of 2005 as amended in 2007 (Act 38 of 2005), who is required to report suspected abuse or neglect of a child?
Various professionals including medical practitioners, teachers, social workers, religious leaders, and others, who reasonably conclude that a child has been abused or neglected, must report it to a designated child protection organization, the provincial department of social development, or a police official.
What protection is provided to individuals who report suspected child abuse in good faith?
Individuals who report suspected child abuse or neglect in good faith are not liable to civil action based on the report.
Under the Older Persons Act (Act 13 of 2006), what is the requirement regarding reporting suspicions of abuse or abuse-related injuries concerning older persons?
Any person who suspects that an older person has been abused or suffers from an abuse-related injury must immediately notify the Director-General or a police official. Failure to comply with this requirement is an offense.
What protection does a person have when reporting suspicions of abuse or abuse-related injuries concerning older persons?
A person who reports suspicions of abuse or abuse-related injuries concerning older persons in good faith is not liable in respect of any notification given.
Holistic care flow diagram
What are the legal and forensic responsibilities of a healthcare provider in cases of varicrious trauma? (5)
What clinical duties does a healthcare provider have in cases of varicrious trauma?
What are the psycho-social aspects of a healthcare provider’s role in cases of varicrious trauma?
Aims of medical care:
Post Exposure Prophylaxis: (5)
- Pregnancy – Value based decision
- STI
- Tetanus
- Hepatitis B
- HIV
Survivor accesses health services:
What needs to be done within 5 days of the rape? (6)
What are the methods of pregnancy prevention? (3)
Which females need to have pregnancy prevention considered?
For all females at risk including girls who have not yet started menstruating but have signs of breast development
Inform the survivor
Menstruation
- Next menses might start earlier or later than usual with ___
- Survivor should have a pregnancy test if they do not menstruate within ____ ____ of taking ECs
ECs
four weeks