Sexual Crimes Flashcards
What was the purpose of the Sexual Offences (Scotland) Act 2009?
Created as a way of addressing the widely held agreement that the Common Law and Statute as they related to rape did not adequately reflect and therefore protect society today
How does the sexual offences act define 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In a case where penetration is initially consented to but at some point of time the consent is withdrawn.
“Penis” includes a surgically constructed penis
“Vagina” includes— the vulva, and a surgically constructed vagina
What is sexual assault by penetration?
If a person with any part of their body or anything else without consent penetrates the vagina or anus
Includes penetration by a penis
What is sexual coercion?
If someone is coerced into any sexual activity
What is communicating indecently?
If a person sends, by whatever means, a sexual verbal communication or sexual written communication (including sounds of sexual activity or using sign language)
It is an offence
What is voyeurism?
Installation or operation of equipment intended to record a person doing a private act or undressing in a place reasonably expected to have privacy for the purpose of obtaining sexual gratification or for the humiliation/embarrassment of the individual
Under what circumstances is consent considered automatically withheld?
Incapacity due to alcohol or other substance use
Mental/physical incapacity
Age <16
Submission due to acts or threats of violence
Submission due to unlawful detention
Consent given under the guise of impersonation
Where a third party has given consent
Victim is asleep or unconscious
Does consent for one act imply consent for all acts?
No
Can consent be withdrawn at any time?
Yes
Does being in a relationship automatically imply consent?
No
Can individuals with a physical or mental disability give consent?
Yes
As long as they can exhibit capacity
What are some important steps to take when dealing with victims/assailants of sexual offences?
Seek advice from senior consultants, police, social services, child protection
Always document conversations and findings
Do not undertake examinations unless experienced to do so
Consider consultation with forensic pathologist
How do we establish whether the clinical findings support the history of the incident?
Identify clinical evidence which support the alleged acts
Collect physical evidence to enable forensic scientists to confirm or refute allegations
Prophylaxis for pregnancy or STI
Treat any new or exacerbated conditions
Psych support
Chaperone
Document and record
What are some important steps in the external examination of a victim?
Retain clothes Establish points of contact Swab for saliva, DNA, semen, blood Establish if and where ejaculation occurred Comb hair and pubic hair Fingernail swab and clippings Document injuries Samples for toxicology
What are some steps for the internal examination of a victim?
Examine skin around genitalia and anus for injuries - document and photograph
Sexual swabs prior to internal examination
Colposcopy
Speculum
Colonoscopy
Document and record injuries
