Sexual Crimes, Medical Examination and Evidence in Sexual Crimes

Question 1

What is the common law definition of “rape” and “knowledge”?

Answer 1

Common law definition of rape = carnal knowledge of a woman forcibly and against her will

Common law definition of carnal knowledge = “penetration of the female sex organ by the male sex organ with or without seminal emission”

Question 2

Common law covers what sexual acts?

Answer 2

It covers all other acts under the crime of sodomy (generally anal or oral sex between people or bestiality)

Question 3

What was a massive issue with only having common law in the past for rape?

Answer 3

In the past, the woman had to prove she physically resisted the whole time and it was presumed sex in marriage was consensual, Sexual Offences (Scotland) Act 2009 addressed these issues

Question 4

What legislation protects people from sexual crimes?

Answer 4

Sexual Offences (Scotland) Act 2009

Question 5

What are some things covered by the Sexual Offences (Scotland) Act 2009?

Answer 5

Rape (penetration without consent with vagina, anus or mouth)

Sexqual assualt by penetration (using any part of body)

Sexual assualt (is penetration or any form of sexual activity and can be through clothes)

Sexual coercion

Coercing a person to being present during sexual activity

Coercing a person to look at a sexual image

Communicating indecently (sending of verbal sexual communication)

Sexual exposure

Voeurism (installation of recording equipment in places that should be private such as bedroom without consent)

Question 6

What are some scenarios where consent is automatically withheld?

Answer 6

• Incapacity due to alcohol or other substance
• Mental/physical incapacity
• Age of consent is 16, no one under the age of 13 can give consent
• Submission due to acts of violence or threats of violence
• Submission due to unlawful detention
• Consent given under the guise of impersonation
• When victim is asleep or unconscious

Question 7

Summarise “consent” to sexual activites?

Answer 7

• For one act is not consent for all acts
• Can be withdrawn at any time
• Person performing act should have reasonable belief that consent has been obtained
• Being in a relationship/marriage does not automatically imply consent

Question 8

What is some advice for medical practitioners when dealing with victims or accused persons of sexual offences?

Answer 8

• Important to recognise at earliest chance
• Seek advice from seniors, 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

Question 9

What “treatment” can be done for sexual offences victim?

Answer 9

Examination done to establish if clinical findings support history of incident and collect evidence

Prophylaxis for pregnancy and STI

Treat any new medication condition or pre-existing ones exacerbated by incident

Psychiatric support

Always have chaperone for intimate examinations

Question 10

What evidence can be gather from a victim of sexual crime?

Answer 10

• External examination
  
  • Retain clothing
  • Establish points of contact
  • Swab for saliva, DNA, semen, blood externally
  • If ejaculation where
  • Comb head hair and pubic hair
  • Fingernail swabs
  • Document injuries
  • Samples for toxicology
• Internal examination
  
  • Examine skin around genitalia and anus for injuries, document and photograph
  • Sexual swabs prior to internal examination
  • Colposcopy/speculum/colonoscopy and videography/imaging
  • Document and record injuries

Question 11

Summarise the timings of different forensic samples for a sexual crime?

Answer 11

• DNA from fingers in vagina
  
  • 12 hours
• DNA from penis
  
  • 12 hours
• Fingernail scrapings
  
  • 2 days
• Oral (saliva and mouth swabs)
  
  • 2 days
• Lubricant from condom
  
  • 30 hours
• Ano-rectum
  
  • 3 days
• Vagina and endocervix
  
  • 7 days
• Semen can be detected on clothing despite washing