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Briefing on New Service Model in Handling Adult Sexual Violence Cases 2007-02-14 Forensic Examination for Victims of Sexual Violence Dr SHUM Shui-fung, Bobby Head of NT Division, Forensic Pathology Service, Department of Health
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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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Operate public mortuaries Attend scenes of crimes Clinical medico-legal examinations Consultation Court proceedings Forensic Pathology Service Scope of Service Sexual offences Serious Wounding Cases Child Abuse CAT (Convention Against Torture) Claimant Victims Suspects
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Medical Staff – 15 Forensic Pathologists + 1 Pathologist – FP: 13 male, 2 female Assistants to Forensic Pathologists – 8 Police Officers: 5 male, 3 female Forensic Pathology Service Staff
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Public Mortuaries Histopathology Laboratories Offices with Clinical Examination Facilities – HKI (PHQ) Tel 28602466 – K (KWRPHQ) Tel 27612405 – NT (NTNRPHQ) Tel 26664224 Facilities
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Forensic Pathology Service 11/F, NTN Regional Police HQ On Po Lane, Tai Po Tel 26664224 NT Office
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Forensic Pathology Service 6/F, Arsenal House West Wing, Police HQ Arsenal Street, Wanchai Tel 28602466 HKI Office
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Forensic Pathology Service 3/F, KW Regional Police HQ Argyle Street Tel 27612405 Kln Office
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Sexual Offence Rape, attempted rape Indecent assault Unlawful sexual intercourse with girl under 13/16 Unlawful sexual intercourse with mentally defective Buggery…
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Rape Cap 200 Crimes Ordinance: A man commits rape if- – (a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it; and – (b) at that time he knows that she does not consent to the intercourse or he is reckless as to whether she consents to it
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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 (24 hour) Security (restricted, lock) Cleanliness / Comfortableness (warm) Privacy (view & sound, entry & exit) Enough space
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Examination Suite Waiting area (family, SW, police) Examination area (forensic pathologists, chaperone / nurse, interpreter) 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
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Informed Voluntary Capacity - MIP – 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 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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Genito-anal Injuries
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Genito-anal injuries
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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
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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 Oral swab: up to 1 day (usually few hours Drugs and alcohol: – blood up to 4 days (usually half-day) – urine up to 7 days Rectal swab: 3 days (usually 1 day) Vaginal swab: up to 7 days (usually < 72 hours) Skin swab: before washing Dry material (panties): before washing
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Swab Taking
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Arrangement - Availability Through police Office hours (~ 9-5): offices of respective regions – HKI (PHQ) Tel 28602466 – K (KWRPHQ) Tel 27612405 – NT (NTNPHQ) Tel 26664224 Outside Office (after 5, public holidays: Forensic pathologist on-call)
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Arrangement - Timing Drug-facilitated cases: ASAP Fresh/recent cases < 72 hours: earliest time practicable (usu. < 2 hours or so) Cold cases: earliest convenience
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Arrangement - Place Hospitals (A&ED, Wards - if indicated e.g. admitted/for joint examination) Rain Lily CAIU Examination Suites (child, vulnerable victims) Forensic Pathologists’ Offices (if mobile, esp. cold cases)
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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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Further Reading Available for free download at WHO > WHO sites > Injuries and Violence Prevention > Publications > Violence publications WHOWHO sites Injuries and Violence PreventionPublicationsViolence publications http://www.who.int/violenc e_injury_prevention/public ations/violence/med_leg_g uidelines/en/index.html
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Thank You
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