body may be the most significant evidence of an assault.
Even during examination of the female genitalia immediately after rape, there is identifiable damage in less than
50 per cent of the cases. Anal examination of men and
women after anal rape shows lesions in less than 30 per
cent of cases. Clearly, where relatively large objects have
been used to penetrate the vagina or anus, the probability
of identifiable damage is much greater.
assault, such as urinary frequency, incontinence or dysuria, irregularity of menstruation, subsequent history of
pregnancy, abortion or vaginal haemorrhage, problems
with sexual activity, including intercourse and anal pain,
bleeding, constipation or incontinence.
219. Ideally, there should be adequate physical and
technical facilities for appropriate examination of survivors of sexual violation by a team of experienced psychiatrists, psychologists, gynaecologists and nurses, who
are trained in the treatment of survivors of sexual torture.
An additional purpose of the consultation after sexual
assault is to offer support, advice and, if appropriate, reassurance. This should cover issues such as sexually transmitted diseases, HIV, pregnancy, if the victim is a woman,
and permanent physical damage, because torturers often
tell victims that they will never normally function sexually again, which can become a self-fulfilling prophecy.
222. Where a forensic laboratory is available, the
facility should be contacted before the examination to discuss which types of specimen can be tested, and, therefore, which samples should be taken and how. Many
laboratories provide kits to permit physicians to take all
the necessary samples from individuals alleging sexual
assault. If there is no laboratory available, it may still be
worthwhile to obtain wet swabs and dry them later in the
air. These samples can be used later for DNA testing.
Sperm can be identified for up to five days from samples
taken with a deep vaginal swab and after up to three days
using a rectal sample. Strict precautions must be taken to
prevent allegations of cross-contamination when samples
have been taken from several different victims, particularly if they are taken from alleged perpetrators. There
must be complete protection and documentation of the
chain of custody for all forensic samples.
(b) Examination following a recent assault
220. It is rare that a victim of rape during torture is
released while it is still possible to identify acute signs of
the assault. In these cases, there are many issues to be
aware of that may impede the medical evaluation.
Recently assaulted victims may be troubled and confused
about seeking medical or legal help due to their fears,
sociocultural concerns or the destructive nature of the
abuse. In such cases, a doctor should explain to the victim
all possible medical and judicial options and should act in
accordance with the victim’s wishes. The duties of the
physician include obtention of voluntary informed consent for the examination, recording of all medical findings
of abuse and obtention of samples for forensic examination. Whenever possible, the examination should be performed by an expert in documenting sexual assault.
Otherwise, the examining physician should speak to an
expert or consult a standard text on clinical forensic
medicine.90 When the physician is of a different gender
from the victim, he or she should be offered the opportunity of having a chaperone of the same gender in the
room. If an interpreter is used, then the interpreter may
also fulfil the role of the chaperone. Given the sensitive
nature of investigation into sexual assaults, a relative of
the victim is not normally an ideal person to use in this
role (see chapter IV, sect. I). The patient should be comfortable and relaxed before the examination. A thorough
physical examination should be performed, including
meticulous documentation of all physical findings,
including size, location and colour, and, whenever possible, these findings should be photographed and evidence
collected of specimens from the examination.
(c) Examination after the immediate phase
223. Where the alleged assault occurred more than a
week earlier and there are no signs of bruises or lacerations, there is less immediacy in conducting a pelvic
examination. Time can be taken to try to find the most
qualified person to document findings and the best environment in which to interview the individual. However, it
may still be beneficial to photograph residual lesions
properly, if this is possible.
224. The background should be recorded as
described above, then examination and documentation of
the general physical findings. In women who have delivered babies before the rape, and particularly in those who
have delivered them afterwards, pathognomonic findings
are not likely, although an experienced female physician
can tell a considerable amount from the demeanour of a
woman when she is describing her history.91 It may take
some time before the individual is willing to discuss those
aspects of the torture that he or she finds most embarrassing. Similarly, patients may wish to postpone the more
intimate parts of the examination to a subsequent consultation, if time and circumstances permit.
221. The physical examination should not initially be
directed to the genital area. Any deformities should be
noted. Particular attention must be given to ensure a thorough examination of the skin, looking for cutaneous
lesions that could have resulted from an assault. These
include bruises, lacerations, ecchymoses and petechiae
from sucking or biting. This may help the patient to be
more relaxed for a complete examination. When genital
lesions are minimal, lesions located on other parts of the
(d) Follow-up
225. Many infectious diseases can be transmitted by
sexual assault, including sexually transmitted diseases
such as gonorrhoea, chlamydia, syphilis, HIV, hepatitis B
and C, herpes simplex and Condyloma acuminatum
(venereal warts), vulvovaginitis associated with sexual
abuse, such as trichomoniasis, Moniliasis vaginitis,
Gardnerella vaginitis and Enterobius vermicularis (pinworms), as well as urinary tract infections.
90
See J. Howitt and D. Rogers, “Adult sexual offences and related
matters”, Journal of Clinical Forensic Medicine, W. D. S. McLay, ed.
(London, Greenwich Medical Media, 1996), pp. 193-218.
91
G. Hinshelwood, Gender-based persecution (Toronto, United
Nations Expert Group Meeting on Gender-based Persecution, 1997).
42
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