Saturday 11 February 2012

Emedinews:Insights on Medicolegal issues: Medical examination of rape victim and MLR




·         When the doctor prepares a medicolegal report of a rape victim he should not forget to mention the presence of bodily injuries like bite marks, nail marks etc. on the body of the victim/accused prove that the exchange of offered resistance. Genital injuries can be serious if the act is done on a virgin or a young girl; but it is seen that the genital injuries are minimal or absent in a woman used to sexual act.
·         Trivial general injuries can be seen on the victim as well as the accused in a violent sexual act. 
·         Usually if there are signs of general and genital violence, it can be assumed that the sexual act was done against the will and without the consent of the victim and its interpretation should be left on the law.  Doctor should not comment on commission or non-commission of rape. 
·         Rape is a legal definition and not a medical diagnosis since the necessary and required constituents for law to charge a person in offence of rape, is penetration/touching of penis within vulva (leaps of vagina) however slight/little it may be, or even this act may be only for a fraction of second is sufficient to constitute the offence of rape
·         Neither complete penetration of male genital organ nor rupture of hymen nor complete sexual act or emission of seminal fluid are necessary to amount to the offence of rape.
·         The doctor conducting the medical examination of a rape victim and is also requested for age estimation she is empowered and may give the opinion regarding the age of victim on the basis of the radiological report, findings of secondary sexual characters and dental status or even the bone age as per report of radiologist
·        In cases where the examining doctor is not confident in certifying the age of victim it should be referred to CMO/higher administrator of hospital concerned. 

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