Sexual Crimes, Medical Examination and Evidence in Sexual Crimes

Question 1

Sexual Offences (Scotland) Act 2009

Answer 1

Legislation centred around lack of consent

Question 2

Sexual assault by penetration

Answer 2

Person penetrates to any extent (any part of body/anything else) without consent the vagina or anus

Question 3

Sexual assault

Answer 3

Penetration of vagina, anus or mouth

- Sexual activity with semen ejaculation into/onto a person

Question 4

Sexual coercion

Answer 4

Person coerced into participating/being present in a sexual activity or viewing a sexual image

Question 5

Communicating indecently

Answer 5

Person sends a sexual verbal/written communication

Question 6

Sexual exposure

Answer 6

Exposing genitals in sexual manner with intention that they will be seen for sexual gratification, humiliation or distress

Question 7

Voyeurism

Answer 7

Installation of equipment for live viewing/recording in a place or concealed

Question 8

Situations in which consent automatically withheld

Answer 8

• Incapacity: intoxication, mental, physical, asleep, unconscious
• <16 years
• Submission due to acts/threat of violence/unlawful detention
• Given under guise of impersonation
• 3rd party

Question 9

Consent

Answer 9

• Consent for one act does not imply for all acts
• Can be withdrawn at any time
• Person performing have belief that consent has been obtained before and in appropriate setting
• Relationship/marriage does not imply consent

Question 10

Sexual assault and medical practitioner

Answer 10

• Recognise early
• Seek advice
• Document
• Examinations: only if experienced and chaperone present
• Forensic pathologists for recognition/interpretation of injuries

Question 11

Examination purposes

Answer 11

• Clinical findings: support history
• Clinical evidence
• Physical evidence
• Prophylaxis: pregnancy/STI
• New/pre-existing medical conditions
• Psychiatric support

Question 12

External examination

Answer 12

• Retain clothing
• Points/order of contact
• Swab: saliva, DNA, semen, blood
• Comb hair (head, pubic)
• Fingernail swabs/clippings
• Document injuries
• Toxicology

Question 13

Internal examination

Answer 13

• Skin around genitalia and anus
• Sexual swabs: vulva, vagina, cervix, penile, buttocks, anus, rectum
• Colposcopy, speculum, colonoscopy

Question 14

Forensic samples

Answer 14

• DNA on fingers: <12 hours
• DNA from penis: <12 hours
• Fingernail scrapings: <2 days
• Oral: <2 days
• Lubricant (condom): <30 hours
• Ano-rectum: <3 days
• Vagina/endo-cervix: <7 days
• Semen on clothing detected after washing