Sexual Crimes, Medical Examination and Evidence in Sexual Crimes Flashcards
Sexual Offences (Scotland) Act 2009
Legislation centred around lack of consent
Sexual assault by penetration
Person penetrates to any extent (any part of body/anything else) without consent the vagina or anus
Sexual assault
Penetration of vagina, anus or mouth
- Sexual activity with semen ejaculation into/onto a person
Sexual coercion
Person coerced into participating/being present in a sexual activity or viewing a sexual image
Communicating indecently
Person sends a sexual verbal/written communication
Sexual exposure
Exposing genitals in sexual manner with intention that they will be seen for sexual gratification, humiliation or distress
Voyeurism
Installation of equipment for live viewing/recording in a place or concealed
Situations in which consent automatically withheld
- Incapacity: intoxication, mental, physical, asleep, unconscious
- <16 years
- Submission due to acts/threat of violence/unlawful detention
- Given under guise of impersonation
- 3rd party
Consent
- Consent for one act does not imply for all acts
- Can be withdrawn at any time
- Person performing have belief that consent has been obtained before and in appropriate setting
- Relationship/marriage does not imply consent
Sexual assault and medical practitioner
- Recognise early
- Seek advice
- Document
- Examinations: only if experienced and chaperone present
- Forensic pathologists for recognition/interpretation of injuries
Examination purposes
- Clinical findings: support history
- Clinical evidence
- Physical evidence
- Prophylaxis: pregnancy/STI
- New/pre-existing medical conditions
- Psychiatric support
External examination
- Retain clothing
- Points/order of contact
- Swab: saliva, DNA, semen, blood
- Comb hair (head, pubic)
- Fingernail swabs/clippings
- Document injuries
- Toxicology
Internal examination
- Skin around genitalia and anus
- Sexual swabs: vulva, vagina, cervix, penile, buttocks, anus, rectum
- Colposcopy, speculum, colonoscopy
Forensic samples
- DNA on fingers: <12 hours
- DNA from penis: <12 hours
- Fingernail scrapings: <2 days
- Oral: <2 days
- Lubricant (condom): <30 hours
- Ano-rectum: <3 days
- Vagina/endo-cervix: <7 days
- Semen on clothing detected after washing
