NCJ Number
65258
Journal
CLINICAL OBSTETRICS AND GYNECOLOGY Volume: 20 Issue: 3 Dated: (SEPTEMBER 1977) Pages: 509-530
Date Published
1977
Length
22 pages
Annotation
THIS ARTICLE DISCUSSES THE COMPLEX PROBLEMS PHYSICIANS MUST FACE DURING THE FORENSIC EVALUATION OF SEXUAL ASSAULT VICTIMS.
Abstract
A BASIC INSIGHT INTO RAPE AS A LEGAL ENTITY IS DEVELOPED AND VARIOUS FACETS OF RAPE EXPLORED. THESE INCLUDE THE STATISTICAL INCIDENCES OF SEXUAL ASSAULT, TYPES OF ASSSAILANTS, CHARACTERISTICS AND PREASSAULT PATTERNS OF VICTIM BEHAVIOR, AND PHYSICAL INJURIES AND EMOTIONAL TRAUMA ASSOCIATED WITH SEXUAL ASSAULT. THE ARTICLE EMPHASIZES THE INTERVIEW AND EXAMINATION OF SEXUAL ASSAULT VICTIMS. A PHYSICIAN MUST ALWAYS PROVIDE COMPREHENSIVE PATIENT CARE AND APPROPRIATE POSTASSAULT CARE. A COMPLETE HISTORY MUST BE OBTAINED AND PRECISELY RECORDED, AN EXAMINATION PERFORMED, AND APPROPRIATE SAMPLES COLLECTED AND DISPATCHED FOR EVIDENCE. THE PATIENT'S TRAUMA MUST BE EVALUATED AND INJURIES CLASSIFIED AS TO TIME AND PROBABLE CAUSE. BOTH MUST BE CORRELATED WITH SEXUAL ASSAULT. THE RECORD OF EVERY FORENSIC EXAMINATION CAN BE EXPECTED TO BE USED IN A POTENTIAL COURT CASE, AND PHYSICIANS MUST ANTICIPATE THEY WILL BE SUBPEONAED TO VERIFY AND JUSTIFY THE STATEMENTS. THE PHYSICIAN MUST ALSO REALIZE THAT UNDER THE DISCOVERY LAWS OF MOST STATES, THE DEFENSE ATTORNEY RECEIVES COPIES OF ALL WRITTEN REPORTS, INCLUDING THE PHYSICIAN'S, AND MAY ALSO HAVE ACCESS TO THE PHYSICIAN'S INFORMAL NOTES AND COMMENTS. WHETHER RAPE OCCURRED IS A LEGAL ISSUE FOR THE COURTS TO DECIDE AND IS NOT A MEDICAL DIAGNOSIS. A CHECKLIST OR FILL-IN SHEETS, WITH SPACE FOR APPROPRIATE COMMENTS, IS NECESSARY FOR COLLECTING THE MEDICAL HISTORY, RECORDING THE FINDINGS, AND NOTING WHAT SPECIMENS ARE COLLECTED. SEXUAL ASSAULT PATIENT VICTIMS REQUIRE A SPECIALIZED EVALUATION BOTH FOR THEIR OWN WELL-BEING AND FOR ASSISTANCE IN PREPARATION OF A POSSIBLE PROSECUTION IF ARREST IS MADE. TABULAR DATA ARE INCLUDED AND A LIST OF REFERENCES APPENDED. (MJW)