Tuesday 13 September 2011

Emedinews:Insights on Medicolegal Issues:Rape victim and medical examination

• A woman who has been raped often encounters painful and humiliating procedures when she reports her sexual assault even in hospital emergency room where she may wait a long time for a medical examination and the collection of evidence that is needed to convict a suspect. She often has little privacy while she waits.
• The offence of rape is not only a brutal and crime against human body, it also affects mind and soul of victim and causes rape crisis syndrome. The Doctor examining a rape victim in hospital should listen and act fast as counselor to release some of the emotions to feel victim calm and comfortable.
• A program called SANE (Sexual Assault Nurse Examiners), established in Tulsa, Oklahoma and several other US cities, and seeks to treat the emotional, physical, and legal needs of rape victims with greater consideration and sensitivity
• A medical professional should test you for STDs, including HIV/AIDS to start treatment courses for protection against developing these diseases, including treatment to prevent an unwanted pregnancy.
• A medical examination is done to check for any internal injury that might have been caused by the rape.
• A medical professional or trained technician may look for and take samples of the rapist's hair, skin, nails, or bodily fluids from victim clothes or body.
• If you think you've been given a rape drug, a doctor can test for this, too. Be aware that this toxicology test covers any and all illegal drugs.
• At any time during the medical exam, the victim can say that she does not want a certain test performed or evidence collected. All procedures are being done to help victim and can only be done by valid consent of victim.
• Victims must be seen in private rooms that are decorated to avoid the look of a sterile, hospital waiting room.
• The nurse examiner allows the victim to complete the examination at her own pace, from 1 to 5 hours.
• A police officer should be requested to be available to transport the evidence to laboratory for analysis.
(Ref: TC Carmody. 2002. A Feminist Repudiation of the Rape Shield Laws. Drake Law Review 51 October).

(Contributed by Dr Sudhir Gupta)

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