In court, the doctor may be asked to comment on the significance of injury susta

Question

In court, the doctor may be asked to comment on the significance of injury sustained during the alleged rape. To what extent do we have a knowledge of the "baseline" injuries inflicted during consensual sexual intercourse?

Further, does the presence of an injury indicate an absence of consent?

The medical and scientific investigation of rape can, in some cases, establish that the accused had sex with the complainer. To what extent does this assist in proving that the accused "raped" the victim?

Is an honest or reasonable belief that a woman consented to sexual intercourse a defense to the charge of rape?

To what extent do you think that the law should seek to control sexual practices of consenting adults? (i.e. incest, homosexual, "under-age" sex)

Explanation / Answer

The baseline injuries inflicted during consensual sexual intercourse involves abdominal pain, burning micturation, sexual dysfunction, urinary tract infection, STD, numbness, fear and shock, chronic mental disorder, suicidal tendencies.

Consent is very essential as no one can force the victim to undergo examination. Benefits of consent gives information regarding concerned procedure to the patient. It is also a safeguard for the doctor conducting such procedure.

The following examinations has to be conducted to prove that the accused "raped" the victim :

a. Wet mount slide test : it determines the presence or absence of motile or nonmotile human spermatozoa in the genitals of the patient.

b. Colposcopic examination : it is done in case of anal bleeding, or if the presence of a foreign body is suspected in rectum.

c. Pregnancy test : patients advised to return for pregnancy testing if she misses her next period.

Men accused of rape cannot get rid off saying that they honestly believe a woman was consenting. A number of circumstances can be placed to prove that the consent was absent. These include : the victim to be forced;threatened or put in fear of serious harm to herself; abducted or unlawfully detained;unconscious;unable to communicate consent because of physical disability.

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