Forensic Aspects of Adult Sexual Violence Cases Speaker - Dr . Somnath Das Associate Professor R. G. Kar Medical College Kolkata

Forensic Pathology Service Department of Health Provides forensic pathology and clinical forensic medicine services to government departments

Forensic Pathology Service Operate public mortuaries Attend scenes of crimes Clinical medico-legal examinations Consultation Court proceedings Scope of Service

Forensic Pathology Service Medical Staff Assistants to Forensic Pathologists Staff

Forensic Pathology Service Public Mortuaries Histopathology Laboratories Facilities

Examination-Room

Office

Office

Office

Sexual Offence Rape Adultery Incest

Definition of Sexual Assault Sexual assault includes: Penile/vaginal intercourse Contact between the genitals and mouth Contact between an anus and a penis Penetration of the vagina or anus with a foreign object, including a finger Slide 11 Sexual Assault Risk Reduction Curriculum 2001

Non-Physical Violence The threat of violence Threatening to tell that they had sex if they don’t Threatening to hurt self if they don’t have sex Slide 12 Sexual Assault Risk Reduction Curriculum 2001

Victim & Suspect Gender Factors Slide 13 Sexual Assault Risk Reduction Curriculum 2001

Non-stranger Assault – Age Factor Age unknown Slide 14 Sexual Assault Risk Reduction Curriculum 2001

Sexual Assault Risk Reduction Curriculum 2001 Who is a Non-Stranger? Boyfriend Co-worker/classmate Long time friend Relative Someone from the neighborhood Someone you just met Slide 15 Sexual Assault Risk Reduction Curriculum 2001

Forensic Examination of Victims of Sexual Violence Evidence (physical / laboratory) Sexual intercourse injury to private parts presence of semen Non-consensual pattern of injuries toxicological examination

Forensic Examination of Victims of Sexual Violence Medical treatment must take priority SAFETY OF VICTIM COMES FIRST!!

Examination Suite Accessibility Security (restricted, lock) Cleanliness / Comfortableness (warm) Privacy (view & sound, entry & exit) Enough space

Examination Suite Waiting area Examination area Equipment (couch, lighting, magnifying glass, swabs, specimen containers, water) Toilet

Forensic Examination of Adult Rape Victims Consent History Physical Examination general examination genito-anal examination Sample collection Documentation and reporting

Consent Informed Voluntary Capacity guardian invoke Part IVC guardianship board

History What signs to look for What samples to take How to interpret findings

History Routine background Medical Gynaecological Sexual What happened “…The victim should not be asked to describe the assault repeatedly …”

Physical Examination General examination Genito-anal examination

General Examination

General Examination General appearance Upper arms, forearms and hands Face, ears, lips Scalp Neck Breasts Abdomen Thighs and Legs Hips and Buttocks

Non genito-anal injuries Bruises and contusions (e.g. inner aspect of thighs, scalp, face, lips); Lacerations (e.g. scalp, forearm); Ligature marks (e.g. ankles, wrists and neck); Pattern injuries (i.e. fingertip marks, scratch marks, bite marks, factitious self-inflicted injuries)

Defensive Injuries

Road Surface Injuries

Lip Bruising

Fingertip Bruising

Genito-anal Examination Inspection, labial traction Swabs Speculum Anal +/- digital +/- proctoscope

Genito-anal Examination

Forensic Specimens Vulval / vaginal / endocervical swabs Buccal swabs – for DNA profiling Other swabs (e.g. anal, oral, breasts) Fingernail (clipping / scraping) Pubic hair Clothing / debris +/- Toxicological samples (blood, urine)

Forensic Specimens Vulval / vaginal / endocervical swabs Buccal swabs – for DNA profiling Other swabs (e.g. anal, oral, breasts) Fingernail (clipping / scraping) Pubic hair Clothing / debris +/- Toxicological samples (blood, urine)

Opinion of A Forensic Expert (provisional)

Final Opinion of A Forensic Expert

Forensic Evidence & FP’s role Factual evidence v Expert evidence Impartial, for court and justice, not for either side Non-judgmental (we are not jurors) Objective, disinterested, independent, uninfluenced Opinion: scientific method applied on available data Limited to field of expertise

Thank You