Sexual Violence Flashcards
(23 cards)
Rape/Assault by penetration
life
Sexual Assault
10 years
14 years if <13yo
Causing someone to engage in sexual activity
10 years/ 14 years/ life
If complainant <16 and accused >18
Consent is irrelevant
can say believed >16yo as long as not <13yo
if accused <18yo will be more lenient
Consent not relevant if
Severe mental illness
those with familial relationships
What is consent?
Agreement by choice
with freedom and capacity to make choice
Legal proceedings after sexual violence
1) Police gather evidence to submit to CPS
- phone/social media
-is there enough against defendant?
-is it in public interest to bring to court?
-intiail account
-ABE statement
-investigaton
->CPS decide if >50% likely and public interest
Low chance overall but high chance if goes to court as CPS feel enough evidence
2) Criminal case- magistrates court
More serious- crown court
Appeal- court of appeal criminal division
-UK Supreme Court
Special Measures for survivors giving evidence
‘Achieving Best Evidence’ video statement instead of giving evidence in person
behind screen/live link
no press/public in courtroom
can visit before, be shown around and walked through process
SARC/FME process
Idea is single point of contact
1) Hx- check with police
-basic details, need to know
2) Health- mental/dermatological
3) Assess Capacity/consent
4) Examination- explain purpose, consent, no obligation, withdraw at any time
-life saving care
-EC
-PEPSE
-HBV
-MH needs
ISVA
commissioned by police crime commissioners
-safety issues and reduce harm
-primary point of contact
-support plans and practical steps
-health/housing arrangements
-keep patient at centre of all proceedings
Locard’s principle
Every contact leaves a trace
-double glove/PPE, don’t touch swabs touch handles etc
-chain of evidence to remove chance of contamination as argument
Timeframes for evidence
oral/skin- 48hr
Penile/anal- 72hr
vaginal/vulval- 7 days
avoid bathing, washing etc
Urine 5 days (up to 14)
Hair, at least 6 weeks, up to 6 months
Toxicology time frames
blood- 3/7
urine- 5/7
hair- 4-6/52
Early Evidence Kit
By first responders
to recover foresnic material
-urine
-toilet paper
-mouth swab/rinse
Police are meant to arrive within 1 hour for initial account, then case handed to sexual offences officer
If not, advised survivor to keep pants/pads in a brown paper bag
Disclosure without consent
1) reduced capacity and in best interests
2) required by law/court order
3) public interest (prevent serious harm to others, children)
4) necessary to prevent, detect, prosecute a serious crime
Professional Witness
Clinical notes may be requested and asked to give statement
statement of fact not opinion/conclusion
Expert Witness
independent expert to gather evidence and draw conclusions
Non fatal strangulation/suffocation
Domestic Abuse Act 2021
cannot consent to something that causes serious harm
strangulation-obstruction of blood supply/airway
-reduced oxygen to brain
suffocation- stop breathing by force
Management of NFS
Go to ED for CT neck angiogram if:
<36hrs
Loss of consciousness
incontinence
change to swallow/breathing/speech
bruising or swelling
When to use chain of evidence
never SI
never SI that orifice
nil SI 5 years
-everyone handling samples signs a form
PEPSE indication
recommend:
>1 in 1000
increased risk if aggravated/bleeding
RAI/IAI/RVI= offer if known HIV
IVI= consider if known HIV
AI and unknown status= recommend R, consider I, esp if high risk group
VI = generally not recommended
OI not recommended
Needlestick/splash= offer if known HIV, if unknown not recommended
bite not recommended
blood= 1 in 1 risk
I= consIder
If rate = 32
32/1000 x 1in 65 (1/65)
PEPSE drug
Tenofovir disoproxil 245mg + emtricitabine 200mg OD
raltegravir 1200mg OD
-400mg BD if pregnant
