NCJ Number
90918
Journal
Revue de droit penal et de criminologie Issue: 3 Dated: (March 1983) Pages: 223-276
Date Published
1983
Length
44 pages
Annotation
Physical examination of the rape victim is considered crucial to verifying the assault and assuring successful prosecution of the rapist.
Abstract
At least two examinations, and optimally three, should be conducted over several days. Physical examination is dictated by Article 25 of the French law on preventive detention, which is interpreted as applying to rape victims and alleged rapists alike. The forensic medical expert must balance his review of the physical findings with an examination of any aggravating factors and attenuating circumstances surrounding the assault. Nonconsent must be established in the absence of evidence of physical violence. The law stipulates that a sexual assault is considered rape automatically when a girl younger than age 14 is involved; however, this is merely the chronological age, and magistrates differ in their interpretation of this provision. Seduction is not part of the French penal code, but it should be punishable as rape if intention can be proven. Changes in classical interpretation of rape criteria are proposed to spare rape victims further unnecessary suffering and to make it more difficult for confirmed rapists to go unpunished.