Sexual offences

Question 1

The common law defines rape as what?

Answer 1

“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.

Question 2

What is sodomy?

Answer 2

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.

Question 3

What did the Sexual Offences (Scotland) Act 2009 introduce?

Answer 3

• 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.

Question 4

In terms of rape, after consensual sexual contact begins can that consent be withdrawn?

Answer 4

Yes at any point.

Question 5

What is rape?

Answer 5

• 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.

Question 6

What is sexual assault by penetration?

Answer 6

• If a person with any part of their body or anything else without consent penetrates the vagina or anus.
• Includes penetration by penis

Question 7

What is sexual assault?

Answer 7

• 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

Question 8

What is sexual coercion?

Answer 8

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

Question 9

Coercing a person into being present during a sexual activity?

Answer 9

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 can be through direct observation or images/video

Question 10

Coercing a person into looking at a sexual image?

Answer 10

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

Question 11

Communicating indecently ?

Answer 11

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

Question 12

Sexual exposure?

Answer 12

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

Question 13

Voyeurism?

Answer 13

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

or Under clothes for the purposes of:

• obtaining sexual gratification
• Humiliation or cause distress

Question 14

When is consent not valid leading to a sexual offence?

Answer 14

• Incapacity due to intoxicfication
• Mental/physical incapacity
• Age of consent is 16 (No one under 13 can consent)
• Submission due to acts of violence or threats of violence
• Submission due to unlawful detention
• Consent under the guise of impersonation
• Where a third party has given consent
• When the victim is asleep or unconscious

Question 15

Does consent for one sexual act imply consent for others?

Answer 15

No

Question 16

Does being in a relationship/marriage imply consent?

Answer 16

Not automatically no

Question 17

Can people with physical/mental disability consent to sexual acts?

Answer 17

Yes if they exhibit capacity they can legally consent

Question 18

How can one protect themselves as a medical practitioner from being accused of sexual offences?

Answer 18

1) Gain consent for every examination/procedure
2) Document consent and findings
3) Do not undertake examinations unless experienced to do so
4) Always have a chaperone present

Question 19

If it is believed someone has been a victim of sexual assault what can you do as a medial practitioner?

Answer 19

1) Recognise the victim/assailant at the earliest opportunity
2) Seek advice - Senior consultants, police, social services, child protection etc
3) Document conversations
4) Examination - document findings
5) Consider consulting a forensic pathologist
6) Psychiatric support
7) Prophylaxis for pregnancy and STI
8) Treat any new or pre-existing condition exacerbated by this incident

Question 20

If it is believed someone has been a victim of sexual assault in terms of an examination what can you do as a medial practitioner?

Answer 20

• 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

Question 21

What specific external examinations may be done in sexual assault in terms of the victim and accused?

Answer 21

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

Question 22

What specific internal examinations may be done in sexual assault in terms of the victim and accused?

Answer 22

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

Question 23

How long after a sexual assault can can DNA from fingers in vagina be taken?

Answer 23

Up to 12 hours

Question 24

How long after a sexual assault can can DNA from a penis be taken?

Answer 24

Most liekyl to obtain a profile from the victim within the first 12 hours

Question 25

How long after a sexual assault can forensic samples from finger scrapings be taken?

Answer 25

Two days

Question 26

How long after a sexual assault can forensic samples oral cavity (Saliva and mouth swabs) be taken?

Answer 26

Two days

Question 27

How long after a sexual assault can forensic samples for lubricant from a condom be taken?

Answer 27

Up to 30 hours

Question 28

How long after a sexual assault can forensic samples from any-rectum be taken?

Answer 28

Up to three days

Question 29

How long after a sexual assault can forensic samples from vagina and endocervix be taken?

Answer 29

Up to seven days

Question 30

Can forensic samples for semen on clothing be detected despite washing?

Answer 30

Yes

Question 31

Is someone always injured in sexual penetration?

Answer 31

No

Question 32

Does injury in sex imply non-consensual contact?

Answer 32

No