Sexual Crimes Flashcards
What does the common law define rape as?
“The carnal knowledge of a woman forcibly and against her will”
What is Carnal knowledge?
The penetration of the female sex organ by the male sex organ with or without seminal emission
What is Sodomy?
It is generally anal or oral sex between people or sexual activity between a person and a non-human animal (bestiality), but it may also mean any non-procreative sexual activity
What is the sexual crimes law in Scotland?
Sexual Offences (Scotland) Act 2009
What did the Sexual Offences Act 2009 introduce?
The new act introduces the offences of “sexual assault by penetration” and other sexual offences
A crucial aspect of the new sexual offences is that consent is not given when any of these offences are committed
What are the features of rape
If a person penetrates to any extent without consent the vagina, anus or mouth.
- Penetration is a continuing act from entry until withdrawal of the penis.
- In a case where penetration is initially consented to but at some point of time the consent is withdrawn
Features of sexual assault
Sexual penetration of the vagina, anus or mouth
- Engages in any other form of sexual activity and has physical contact (bodily contact or contact by means of an implement and whether or not through clothing) with semen ejaculation into or onto that person
- Emission of urine or saliva in a sexual manner
What is sexual coercion?
If a person is coerced into participating in a sexual activity this is deemed as an offense of sexual coercion
Is coercing a person into being present during a sexual activity a sexual crime?
Yes
- So is coercing a person into looking at a sexual image for the purposes of obtaining sexual gratification , Humiliation or cause distress
What are some other forms of sexual crimes?
Communicating indecently
Sexual exposure
Voyeurism (installation/operation of equipment for recording or live viewing a private act)
When is consent deemed automatically withheld?
Incapacity due to alcohol or any other substance
Mental/physical incapacity
Age of consent is 16 years old, anyone under the age of 13 can not legally give consent
Submission due to acts of violence or threat of violence
Submission due to unlawful detention
Consent given under the guise of impersonation
Where a third party has given consent
When the victim is asleep or unconscious
What should the medical practitioner do when dealing with victims?
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
Do not undertake examinations unless experienced to do so
Consider consultation with forensic pathologists (recognition and interpretation of injuries)
Know the steps involved in examining the individual
Why is there the need for examination of the individual?
To establish whether the clinical findings support the history of the incident
Identify clinical evidence that supports the alleged acts have taken place
Collect physical evidence to enable forensic scientists to confirm or refute the allegation
Prophylaxis for pregnancy and STI
What forensic samples can be taken?
DNA from fingers in vagina - up to 12 hours
DNA from a penis - identify victim in 12 hours usually
Fingernail scrapings - 2 days
Oral (saliva and mouth swabs) - 2 days
Lubricant from a condom - up to 30 hours
Ano-rectum - up to 3 days
Vagina and endocervix - up to 7 days
Semen can be detected on clothing despite washing
