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Year 3: Block 1: Medical Ethics > Sexual offences > Flashcards

Sexual offences Flashcards

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USMLE® Step 1 flashcards
1
Q

What is rape? new definition?

A

the carnal knowledge of a woman forcibly and against her will.”
- If a person penetrates to any extent without consent the vagina, anus or mouth.

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2
Q

The common law defined carnal knowledge as ?

A

the penetration of the female sex organ by the male sex organ with or without seminal emission.

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3
Q

Sodomy is generally?

A

anal or oral sex between people or sexual activity between a person and a non-human (animal)

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4
Q

Sexual Offences (Scotland) Act 2009 shows that no..?

A

consent is given when any of these offences are committed.

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5
Q

What is penetration?

A

continuing act from entry until withdrawal of the penis.

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6
Q

Sexual assault by penetration (2)

A

New statutory offence
If a person with ANY PART of their body or anything else without consent penetrates the vagina or anus.
Includes penetration by a penis

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7
Q

Sexual assault (3)

A
  • 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 a person
  • Emission of urine or saliva in a sexual manner
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8
Q

Sexual coercion deals with?

A

a person is coerced into participating in a sexual activity this is deemed as an offence of sexual coercion.

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9
Q

Coercing a person into being present during a sexual activity is described as? different ways this can be carried out?

A

If a person intentionally causes an individual to be present while a third person engages in such an activity for the purposes of

  • obtaining sexual gratification
  • Humiliation or cause distress

This is either by by engaging in the activity in a place in which the activity can be observed by looking at an image or being present while a third person engages in such an activity.

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10
Q

Coercing a person into looking at a sexual image(4)

A
  • obtaining sexual gratification
  • Humiliation or cause distress
    (genitals, sexual activity, sexual image)
  • can be moving or static
  • engaging in a sexual activity or of a third person or imaginary person
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11
Q

Communicating indecently ?

A

If a person sends, by whatever means, a sexual verbal communication or sexual written communication (including sounds of sexual activity or using sign language)

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12
Q

Sexual exposure (3)?

A
  • Exposing genitals in a sexual manner with the intention that they will be seen and for the purposes of:
  • obtaining sexual gratification
  • Humiliation or cause distress
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13
Q

What is Voyeurism? 2 types?

A
  • Installation/ operation of equipment for live viewing or recording with the intention of enabling the individual or others to observe an individual doing a private act in a place which would reasonably be expected to provide privacy e.g. bedroom, hotel room, toilet, changing room
  • Installation/operation of equipment for live viewing or recording beneath clothing with the intention of enabling the individual or another person to observe their genitals or buttocks (whether exposed or covered with underwear) or the underwear covering an individuals genitals or buttocks, in circumstances where the genitals, buttocks or underwear would not otherwise be visible
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14
Q

why may someone do voyeurism?

A
  • obtaining sexual gratification

- Humiliation or cause distress

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15
Q

Sexual offences and consent? - Consent is deemed automatically withheld under the following circumstances - give examples ??(5)

A
  • Incapacity due to alcohol or any other substance
  • Mental/physical incapacity
  • Submission due to acts of violence or threat of violence
  • Where a third party has given consent
  • When the victim is asleep or unconscious
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16
Q

Age of sexual consent?

A

16 years old

17
Q

Consent for one act does not?

Consent may be?

A

imply consent for all acts

withdrawn at any time (before/after)

18
Q

Do not assume those that have a physical/mental disability?

A

disability cannot give consent. As long as they can exhibit capacity then they can legally consent.

19
Q

Sexual offences and the medical practitioner ? (5)

A
  • May encounter victims and accused persons across many specialities - RECOGNISE EARLY
  • seek advice - consultant, police, SS, CPS
  • Document convos and findings
  • chaparone if you can do examinations
  • Consider consultation with forensic pathologists
20
Q

Examination of the individual - why might this be done?

Give examples? (7)

A

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
  • Treat any new medical conditions or pre- existing conditions exacerbated by the incident
  • Psychiatric support
  • Always have a chaperone for intimate examinations
  • Document and record
21
Q

Victim (External examination) (8)

A
  • Retain clothing from the incident
    Establish points of contact and order of contact (skin, breast, genitals, mouth, buttocks)
  • Swab for saliva, DNA, semen, blood) externally
  • Assailant wearing condom ?Ejaculation and if so where
  • Comb head hair and pubic hair
  • Fingernail swabs +/- fingernail clippings
  • Document injuries (bruises around neck or restraint of hands/arms, love bites, condition of fingernails etc…)
  • Samples for toxicology e.g drugs and alcohol, particularly sedatives or psychoactive substances
22
Q

Victim (Internal examination) (5)

A

Examine skin around genitalia and anus for injuries, document and photograph
Sexual swabs prior to internal examination
- vulva, vagina, cervix, penile, buttocks, anus, rectum
Colposcopy/speculum/colonoscopy examination and videography/imaging
Document and record injuries

23
Q

Accused (External examination)

A

same as victim

note - absence of injury etc, defensive injuries, scratches, bruises

24
Q

Accused (Internal examination)

A

Examine skin around genitalia and anus for injuries, document and photograph
Sexual swabs prior to internal examination
- vulva, vagina, cervix, penile, buttocks, anus, rectum
Colposcopy/speculum/colonoscopy examination and videography/imaging
Document and record injuries

25
Q

Give some forensic examples? (8)

A

DNA from fingers in vagina —up to 12 hours
DNA from a penis —most likely to obtain a profile from the victim within the first 12 hours
Fingernail scrapings —two days
Oral (saliva and mouth swabs) —two days
Lubricant from a condom —up to 30 hours
Ano-rectum —up to three days
Vagina and endocervix—up to seven days
Semen can be detected on clothing despite washing

Year 3: Block 1: Medical Ethics (12 decks)

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