Sexual Crimez

Question 1

What are sexual offences and how is it affected by consent and the law?

Answer 1

Sexual Offences (Scotland) Act 2009 introduces offences of sexual assault by penetration and consent is not given when any of these offences are committed 
Includes sexual coercion,  coerced to be present or look at images, communicating indecently, sexual exposure, voyeurism 

Consent is automatically withheld when:
Incapacity due to any reason, <16, forced to submit for any reason, third party consented, it is given under impersonation, victim asleep or unconscious. Can be withdrawn at any time.

Question 2

What is the role of the medical practitioner in sexual assault?

Answer 2

May encounter victims and accused persons across many specialities
Important to recognise victims/assailants
Seek advice
Always document
Do not examine unless experienced
Consider consult with forensic pathologists

Question 3

Why is examination of the individual (victim and accused) needed?

Answer 3

To establish whether clinical findings support the history
Identify clinical evidence 
Collect physical evidence
Prophylaxis 
Treat medical conditions
Psychiatric support
Chaperone for intimate examinations
Document and record

Question 4

What forensic samples are needed?

Answer 4

Clothing, points of contact, saliva etc, sexual swabs, clipping, injury documentation, toxicology, imaging,
Eg DNA