Sexual crimes Flashcards
Definition of Rape according to the 2009 Act
If a person penetrates to any extent without consent into the vagina, anus or mouth.
Penetration is a continuing act from entry until withdrawal of the penis.
It is still rape if penetration is initially consented to but at some point of time the consent is withdrawn.
This can also be a surgically constructed vagina or penis - recognises transgender individuals
When was the new Sexual Offences Act (Scotland) introduced and why?
2009
It was created because they realised there were too many gaps in the previous legislation. The old law did not adequately reflect and therefore protect society today.
What is the definition of sexual assault in line with 2009 Sexual Offences Act?
If a person with any part of their body or anything else without consent penetrates the vagina or anus (Includes penetration by a penis)
Sexual penetration of the vagina, anus or mouth
Engaging in any other form of sexual activity and has physical contact with semen ejaculation into or onto a person. This can be through clothing or by means of an implement. It also includes the emission of urine or saliva in a sexual manner
Define sexual coercion
A person is coerced/persuaded (by threats or brute force) into participating in a sexual activity
Making the victim look at a sexual image, sexual activity or genitals for the purposes of obtaining sexual gratification, humiliation/distress (doesn’t matter if a photo is of a real or fake person)
What is indecent communication?
If a person sends a sexual verbal communication or sexual written communication (by whatever means) to their victim
This includes using sign language or sending sounds of sexual activity
Sexual exposure
Exposing genitals in a sexual manner with the intention that they will be seen and for the purposes of obtaining sexual gratification or causing humiliation/distress
What is Voyeurism?
Simply put this is when people set up cameras etc to record/watch someone in a private situation
The installation or operation of equipment for live viewing or recording with the intention of enabling the individual or others to observe an individual doing a private act in a place which would reasonably be expected to provide privacy e.g. bedroom, hotel room, toilet, changing room ie like a two-way mirror situation
This equipment could also lie beneath clothing with the intention of enabling the individual or another person to observe their genitals or buttocks (whether exposed or covered with underwear) or the underwear covering an individuals genitals or buttocks, in circumstances where the genitals, buttocks or underwear would not otherwise be visible
When is consent deemed automatically withheld?
Incapacity due to alcohol or any other substance or asleep or unconscious
If under 16
Mental/physical incapacity if they cannot exhibit capacity to give consent
If the victim shows submission due to acts of violence or threat of violence
As a medical practitioner you will encounter victims and accused persons across many specialties.
How should you carry out your role in these cases?
Important to recognise the victims/assailants of sexual offences at the earliest opportunity
Seek advice- consult with senior consultants, police, social services, child protection services
Always document conversations and findings
Clinical examination of the victim»_space;> look
Done in order to establish whether the clinical findings support the history of the incident
Physical evidence enables forensic scientists to confirm or refute the allegation
Prophylaxis for pregnancy and STI if penetration occurred
Treat any new medical conditions or pre-existing conditions exacerbated by the incident
Psychiatric support
Always have a chaperone for intimate examinations
Document and record all conversations + findings - written documentation, dictation, sketches or photos of injuries etc
What external examinations should be carried out on a victim of sexual assault?
Retain clothing from the incident - blood, semen on them?
Establish points of contact and order of contact (skin, breast, genitals, mouth, buttocks) - what has made contact with the victim and where? These areas can be swabbed for saliva, DNA, semen, blood) externally
Respectfully ask if assailant was wearing condom? Ask about ejaculation and if so where?
Comb head hair and pubic hair - capture of DNA or transfer of hair
Fingernail - always swabs +/- fingernail clippings
Take samples for toxicology - drugs/alcohol (particularly sedatives)
What internal examinations should be carried out on a victim of sexual assault?
Examine skin around genitalia and anus for injuries, document and photograph
Always take sexual swabs prior to internal examination
Internal examination of vulva, vagina, cervix, penile, buttocks, anus, rectum examination either digital (with hands) or using imaging ie colposcopy (cervix)/speculum/colonoscopy examination and videography/imaging
DOCUMENT AND RECORD INJURIES
Examination of the accused (very similar)
Same examinations done for the accused and the victim
Remember to note injuries the accused might have (defensive injuries, scratches, bruises and condition of fingernails etc…)
Which forensic samples have greater viability and longevity?
Semen can be detected on clothing despite washing
Vagina and endocervix—up to seven days
Ano-rectum —up to three days
Fingernail scrapings —two days
Oral (saliva and mouth swabs) —two days
Lubricant from a condom —up to 30 hours
DNA from fingers in vagina —up to 12 hours
DNA from a penis —most likely to obtain a profile from the victim within the first 12 hours
Look
Consent for one act does not imply consent for all acts
Consent may be withdrawn at any time (before/after)
Rape/sexual penetration does not always result in injury and conversely injury does not imply non-consensual contact
