Sexual Violence Flashcards
What are the 4 non-consensual offences in the Sexual Offences Act 2004?
- Rape (penetration of penis into mouth, vagina or anus - including following transgender surgery)
- Assault by penetration (intentional penetration of another’s body part with part of body or anything else)
- Sexual assault (touching)
- Causing a person to engage in sexual activity without consent
Violence, or threat of violence, is NOT necessary to be found guilty of a non-consensual sexual offence. What other ways can a person be found guilty?
- Psychological coercion
- Use of alcohol/ drugs
- Grooming a vulnerable / immature person
- Deception
How does England and Wales, and Scotland, legally define consenting to sex?
- England and Wales: agreement by choice with freedom and capacity to make that choice
- Scotland: free agreement, emphasising the absence of coercion and control
Describe the Modern Slavery Act 2015
- Single offence of human trafficking covering both sexual and non-sexual exploitation
- Criminal offence to arrange or facilitate the travel of another person with a view to their being exploited
- Slavery, servitude, forced labour, organ harvesting
- This can all happen WITHIN a country, not just international human trafficking
Name some vulnerable groups who may be at a higher risk of sexual assault
- Young
- Transgender
- Social housing
- Poor health
- Single / separated / divorced
- Migrants / trafficked people
- Those involved in the sex industry
- Substance use / misuse
- Women are more likely to experience sexual violence than men
What questions can you ask as a risk assessment about someone’s mood following a sexual assault?
- Ask about current mood
- Any thoughts of self-harm / suicidal ideation
- Positive coping strategies
- Negative coping strategies
- Any support from family / friends and other professionals
- Mental health history
- History of domestic violence
- History of alcohol and drug use
What are the two purposes of a forensic medical examination (FME)?
- Therapeutic: medical and other care (initiating, arranging follow-up) - including psychological
- Forensic: to collect evidence, record injuries (or absence of), assist the police / criminal justice system in the investigation of a crime, allow the complainant time to decide what to do after securing some evidence
What is Locard’s Principle?
“Every contact leave a trace”
“Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as silent witness against him”
“Not only his fingerprints or his footprints, but his hair, the fibres from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects”
How long can DNA or semen/spermatozoa be found for after an oral rape?
48 hours
How long can DNA or semen/spermatozoa be found on the skin after kissing / biting / licking?
48 hours
How long can DNA or semen/spermatozoa be found for after a vaginal rape?
7 days
(3 days in pre/peripubertal female)
How long can DNA or semen/spermatozoa be found after an anal rape?
72 hours
How long can DNA or semen/spermatozoa be found after digital penetration of vagina/anus?
48 hours
How long after a sexual assault can toxicology samples produce a report?
Urine: up to 5 days (occasionally up to 14 days)
Blood: up to 3 days
Hair: may be taken AFTER 4-6 weeks
What is contained within an early evidence kit?
- Sterile toilet paper
- Two urine sample kits
- Mouth swab kit
- Mouth rinse kit
- Instructions and consent form
Some contain an additional peri-oral swab to recover semen if there has been oral penetration
