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Forensic Aspects of Adult Sexual Violence Cases
Speaker - Dr . Somnath Das Associate Professor R. G. Kar Medical College Kolkata
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Forensic Pathology Service
Department of Health Provides forensic pathology and clinical forensic medicine services to government departments
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Forensic Pathology Service
Operate public mortuaries Attend scenes of crimes Clinical medico-legal examinations Consultation Court proceedings Scope of Service
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Forensic Pathology Service
Medical Staff Assistants to Forensic Pathologists Staff
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Forensic Pathology Service
Public Mortuaries Histopathology Laboratories Facilities
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Examination-Room
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Office
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Office
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Office
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Sexual Offence Rape Adultery Incest
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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
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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
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Victim & Suspect Gender Factors
Slide 13 Sexual Assault Risk Reduction Curriculum 2001
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Non-stranger Assault – Age Factor
Age unknown Slide 14 Sexual Assault Risk Reduction Curriculum 2001
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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
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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
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Forensic Examination of Victims of Sexual Violence
Medical treatment must take priority SAFETY OF VICTIM COMES FIRST!!
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Examination Suite Accessibility Security (restricted, lock)
Cleanliness / Comfortableness (warm) Privacy (view & sound, entry & exit) Enough space
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Examination Suite Waiting area Examination area
Equipment (couch, lighting, magnifying glass, swabs, specimen containers, water) Toilet
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Forensic Examination of Adult Rape Victims
Consent History Physical Examination general examination genito-anal examination Sample collection Documentation and reporting
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Consent Informed Voluntary Capacity guardian invoke Part IVC
guardianship board
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History What signs to look for What samples to take
How to interpret findings
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History Routine background Medical Gynaecological Sexual What happened
“…The victim should not be asked to describe the assault repeatedly …”
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Physical Examination General examination Genito-anal examination
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General Examination
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General Examination General appearance Upper arms, forearms and hands
Face, ears, lips Scalp Neck Breasts Abdomen Thighs and Legs Hips and Buttocks
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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)
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Defensive Injuries
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Road Surface Injuries
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Lip Bruising
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Fingertip Bruising
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Genito-anal Examination
Inspection, labial traction Swabs Speculum Anal +/- digital +/- proctoscope
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Genito-anal Examination
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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)
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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)
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Opinion of A Forensic Expert (provisional)
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Final Opinion of A Forensic Expert
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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
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Thank You
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