Sexual crimes Flashcards
- Sexual offences and the law
- Sexual offences and consent
- Sexual assault and the medical practitioner
- The need for examination of the individual (victim and accused)
- What forensic samples are required
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Rape is defined by the common law as
All other sexual offences are under the crime of …
The penetration of the female sex organ by the male sex organ with or without seminal emission
Crime of sodomy
What is sodomy
Anal or oral sex between people or sexual activity between a person and a non-human (bestiality)
A crucial aspect of the new sexual offences definition under the Sexual Offences (Scotland) Act 2009 is what
that consent is NOT given when any of these offences are committed
What is sexual assault
Sexual penetration of the vagina, anus or mouth
Physical contact with semen ejaculation into or onto a person
Emission of urine or saliva in a sexual manner
What is sexual coercion
If a person is pressured into participating in a sexual activity
What is communicating indecently
A sexual verbal communication or sexual written communication
What is sexual exposure
Exposing genitals in a sexual manner with the intention that they will be seen and for the purposes of:
- obtaining sexual gratification
- humiliation or cause distress
What is voyeurism
Installation of equipment for live viewing or recording with the intention of enabling the individual or others to observe an individual doing a private act
Consent is not valid under what circumstances
Incapacity due to alcohol or any other substance
Mental/physical incapacity
Under 13 yrs old
From a third party
If victim asleep or unconscious
Does consent for one act imply consent for all acts?
Can consent be withdrawn?
Does being married automatically imply consent?
Can people with physical/mental disability give consent?
No
Yes
No
Yes, as long as they show capacity
What should the doctor encountering victims of sexual offences do
Seek advice with seniors, police etc
DOCUMENT conversation
Don’t examine unless experienced
What to look for on examination of the victim
Whether clinical findings support the history, but absence of injuries don’t exclude rape
What forensic samples are required from sexual victim and the accused
DNA from vagina/penis Fingernail scrapings Oral swab Lubricant from a condom Anal swab Vaginal swab Semen on clothing
After examination of victim/accused, always important to do wha
Document + record
