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Medical Ethics & Law > Sexual Crimes, Medical Examination and Evidence in Sexual Crime > Flashcards

Sexual Crimes, Medical Examination and Evidence in Sexual Crime Flashcards

1
Q

what does common law define rape as?

A
  • The common law defined rape as “the carnal knowledge of a woman forcibly and against her will.”
  • The common law defined carnal knowledge as the penetration of the female sex organ by the male sex organ with or without seminal emission
  • It covered all other acts under the crime of sodomy
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2
Q

what is sodomy?

A

Sodomy is generally anal or oral sex between people or sexual activity between a person and a non-human animal (bestiality), but it may also mean any non-procreative sexual activity

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3
Q

The crime of rape was unique in the respect that it focused on the victim’s state of ____ and ______ in addition to that of the defendant

A

mind

actions

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4
Q

What is the Sexual Offences (Scotland) Act 2009 that was created?

A

Sexual Offences (Scotland) Act 2009 was created as a way of addressing the widely held agreement that the Common Law and Statute as they related to rape did not adequately reflect and therefore protect society today

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5
Q

what deos the new act introduce?

A
  • The new act introduces the offences of “sexual assault by penetration” and other sexual offences
  • A crucial aspect of the new sexual offences is that consent is not given when any of these offences are committed
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6
Q

what is rape?

A
  • If a person penetrates to any extent without consent the vagina, anus or mouth
  • Penetration is a continuing act from entry until withdrawal of the penis
  • In a case where penetration is initially consented to but at some point of time the consent is withdrawn
  • “Penis” includes a surgically constructed penis
  • “Vagina” includes - the vulva, and a surgically constructed vagina
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7
Q

Sexual assault by penetration is a new statutory offence, what is it?

A
  • 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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8
Q

what is sexual assult?

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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9
Q

what is sexual coercion

A

• If a person is coerced into participating in a sexual activity this is deemed as an offense of sexual coercion

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10
Q

What is involved in coercing a person into being present during a sexual activity?

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

• Either 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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11
Q

what is meant by coercing a person into looking at a sexual image?

A

• To look at a sexual image, sexual activity or genitals for the purposes of:

  • obtaining sexual gratification
  • Humiliation or cause distress

Sexual image is an image produced by whatever means and whether it is a moving image or not

• engaging in a sexual activity or of a third person or imaginary person

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12
Q

What is meant by 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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13
Q

What is sexual exposure?

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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14
Q

What is Voyeurism?

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 for the purposes of :
  • obtaining sexual gratification
  • Humiliation or cause distress
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15
Q

Consent is deemed automatically withheld under what following circumstances?

A
  • Incapacity due to alcohol or any other substance
  • Mental/physical incapacity
  • Age of consent is 16 years old. Anyone under the age of 13 can not legally give consent
  • Submission due to acts of violence or threat of violence (to the victim or other persons)
  • Submission due to unlawful detention
  • Consent given under the guise of impersonation (based on a person known to the victim)
  • Where a third party has given consent
  • When the victim is asleep or unconscious
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16
Q

Does consent for one act imply consent for all acts?

A

Consent for one act does not imply consent for all acts

17
Q

when can consent be withdrawn?

A

Consent may be withdrawn at any time (before/after)

18
Q

The person performing the act should have reasonable belief that ______ has been obtained before the act and in the appropriate setting

A

consent

19
Q

Being in a relationship/marriage ____ ___ automatically imply consent

A

does not

20
Q

Can people with a physical or mental diability give consent?

A

Do not assume that individuals with physical/mental disability cannot give consent. As long as they can exhibit capacity then they can legally consent

21
Q

Where may you encounter victims and accused persons in the medical world?

A

May encounter victims and accused persons across many specialities e.g. general practice, psychiatry, A&E, paediatrics, general medicine/ surgery, ICU

22
Q

Important to recognise the victims/assailants of sexual offences at the _______ opportunity

A

earliest

23
Q

Sexual offences and the medical practitioner - whats the first thing you should do? and how should you protect yourself?

A

Seek advice - consult with senior consultants, 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 (recognition and interpretation of injuries)

24
Q

what is involved in the examination of the individual?

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
25
Q

what is involved int he Victim (External examination)?

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 (for DNA)
  • Fingernail swabs +/- fingernail clippings (for DNA)
  • 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
26
Q

what is involved in Victim (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
27
Q

what is involved in Accused (External examination)?

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 (defensive injuries, scratches, bruises and condition of fingernails etc…)
  • Samples for toxicology
28
Q

what is involved in 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
29
Q

what are examples of forensic samples and how long do each of them last?

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
30
Q

Take home messages:

  • New legislation to include sexual ________ and _____ sexual offences (all of which are centered around lack of consent)
  • Consent for one act does not imply consent for ___ acts
  • Consent may be _________ at any time (before/after)
  • Rape/sexual penetration does not always result in ______ and conversely injury does not imply non-_________ contact
  • Consideration of forensic capture and treating the victim ________
  • Always have a _________ for intimate examinations
  • Document and _______
  • Seek advice from _____ colleagues
A

penetration

other

all

withdrawn

injury

consensual

holistically (they will have other medical problems like mental health and previous medical issues, exacerbation of new or previous medical conditions)

chaperone

record (DOCUMENT AND RECORD EVERYTHING YOU SEE AND DO)

senior

Medical Ethics & Law (52 decks)

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