scholarly journals Comparison of Injury Patterns in Consensual and Nonconsensual Sex: Is It Possible to Determine if Consent was Given?

2017 ◽  
Vol 7 (4) ◽  
pp. 619-631
Author(s):  
Sung Hoon Song ◽  
John R. Fernandes

Matters of sexual consent and sexual assault are hotly debated issues among professionals and laypersons alike. A widespread misconception of sexual assault is that most victims of sexual assault sustain significant physical trauma. It is the purpose of this review article to compare the patterns of physical injury (both genital and extragenital) in victims of sexual assault and participants of consensual sex to conclude if physical injury alone can indicate whether consent was given. Interpretations of injury have great forensic significance as it can influence the outcome of sexual assault cases. Several articles indicate that extragenital injuries are commonly found in sexual assault victims (46%-82%) and that most of such injuries are deemed minor. Articles report a wide range of genital injury detection rates in both sexual assault victims (6%-87%) and consensual sex participants (6%-73%). Usage of different examination techniques may partly explain the wide range of detection rates reported. Out of all those who sustained genital injuries, only a small portion of people required hospitalization. In both consensual and sexual assault cases, genital injuries in the 6 o'clock position were most common. Studies of genital injury lacked standardization of factors that significantly influence the results, such as time to examination after sex, examination techniques, and injury severity scales. Therefore, medicolegal personnel should be aware that sexual assault victims can present with a wide range of physical trauma and should avoid relying on physical trauma alone to conclude whether consent was present.

1987 ◽  
Vol 6 (1) ◽  
pp. 49-56 ◽  
Author(s):  
K. Edward Renner ◽  
Carol Wackett

The Service for Sexual Assault Victims in Halifax reviewed 474 cases of sexual assault handled over a three-year period to determine the nature and relative frequency of social and stranger sexual assault. Women are most likely to be sexually assaulted by a man who is known to and often trusted by them. Women who are raped in a social context are less willing than those raped by a stranger to seek help at the time of the assault, to receive medical attention, or to report the rape to the police. They are also less likely to be threatened with physical harm or to receive physical injury. The cultural values which are responsible for the high frequency of sexual assaults by men who are known to their victims, and for the reluctance of the women to disclose the assault, are discussed.


Author(s):  
Carolina Orellana-Campos

AbstractGenital injury has a forensic relevance after a sexual assault and it has been discussed and investigated among professionals who work in this field. To analyze the studies published in the last decades, the present review examines different factors that may influence this finding, first clarifying terms of the forensic field, such as the peculiarity of the legal medical examination, and the distinction of the terms “legal” and “anatomical” vagina. Finally, it analyses if it is possible that the existence of these injuries in victims explain the lack of consent in sexual contact, and to clarify the meaning of the absence of injuries.


1997 ◽  
Vol 176 (3) ◽  
pp. 609-616 ◽  
Author(s):  
Laura Slaughter ◽  
Carl R.V. Brown ◽  
Sharon Crowley ◽  
Roxy Peck

1997 ◽  
Vol 52 (7) ◽  
pp. 419-420
Author(s):  
Laura Slaughter ◽  
Carl R. V. Brown ◽  
Sharon Crowley ◽  
Roxy Peck

Sexual Health ◽  
2006 ◽  
Vol 3 (1) ◽  
pp. 5 ◽  
Author(s):  
David J. Templeton ◽  
Angela Williams

Colposcopic examination is considered the gold standard in child sexual abuse evaluations in Australia. However, there remain contentious issues with its use, especially in adult victims, which we sought to address by a review of the literature. Colposcopy has been shown to be a sensitive and acceptable tool for detection of anogenital abnormalities in children. The significance of some genital findings remains controversial, especially when images are interpreted by inexperienced clinicians. Its use in adult assessments is hampered by a lack of comparative studies on colposcopically detected genital injuries in adults following consensual v. non-consensual sexual intercourse. Further research is urgently needed before the use of colposcopy can be routinely recommended for adult victims.


Author(s):  
Eugine Kaunda ◽  
◽  
Yusuf Ahmed ◽  
Bellington Vwalika ◽  
◽  
...  

Background: Sexual assault, which encompasses defilement and rape, is a public health and public safety problem with the majority of victims being women and children. The consequences of sexual assault include physical injuries, psychological trauma, depression, suicide or suicide attempt and post-traumatic stress disorder (PTSD) as a long-term consequence. Others are unwanted pregnancies and risk of acquiring sexually transmitted infections including the Human Immunodeficiency Virus (HIV). There is little information about the conditions under which sexual assault occurs. The aim of this study was to determine the patterns of sexual assault victims presenting to the University Teaching Hospital (UTH). Materials and Methods: This was a cross-sectional study that was carried out on sexual assault victims who presented to UTH over a period of four months from December 2013 to April 2014. A total of 160 participants were recruited, 59 from the Gynaecology admission ward (C03) and 101 from the Paediatric Centre of Excellence Child Sexual Assault (PCOE-CSA). Participants were interviewed using an interviewer-administered questionnaire while some data was extracted from victims’ files including documented HIV status. Frequency tables were constructed and characteristics of sexual assault were compared between victims aged below 16 years and those aged 16 years and above. Data analysis was done using SPSS version 20. Results: The age of 160 victims ranged from 2 to 34 years and the most affected age group was 11-15 years (n=91; 56.9%). Victims were mostly single (n=149; 93.1%), had attained primary education or none (n=102; 63.8%) were unemployed (n=149; 93.1%) and resided in high-density areas (n=144; 90%). Only 7.5% (n=12) of victims tested HIV positive. A positive HIV test occurred 14 times more frequently in victims aged 16 years and above (OR = 14.32, CI = 2.35 – 87.22, P-value < 0.01). Majority of the incidents took place in residential homes (n=110; 68.8%) and these were significantly less common among victims aged 16 years and above (OR = 0.33, CI = 0.11 – 0.98, P-value = 0.05). The majority of perpetrators were known to the victims (n= 119; 74.4%). Sexual assault perpetrated by strangers affected victims aged 16 years and above more than those aged below 16 years (50.0% versus 17.5%; P <0.01). About half of victims (n=84; 52.5%) reported to UTH within 72 hours of assault and these were 4.5 times more likely to be aged 16 years and above (OR = 4.53, CI = 1.23 - 16.73, P-value = 0.02). Genital injuries were present in 70% of victims. The absence of genital injuries was 8 times more in victims aged 16 years and above (OR = 8.46, CI = 2.78 – 25.77, P-value <0.01). Conclusion: The majority of sexual assault victims were younger (<16 years). Younger victims were mostly assaulted by perpetrators known to them, mainly in residential homes while older victims were mostly assaulted by strangers in isolated places. Compared to older victims, younger victims presented more to UTH later than 72 hours the following the assault and sustained genital injuries more. Patters of sexual assault are therefore different in younger victims compared to adults.


Sexual Health ◽  
2004 ◽  
Vol 1 (1) ◽  
pp. 55 ◽  
Author(s):  
Cheryn M. Palmer ◽  
Anna M. McNulty ◽  
Catherine D'Este ◽  
Basil Donovan

Background: The likelihood of genital injury following sexual assault remains unclear. Genital injury related to sexual assault is often an issue in court proceedings, with the expectation that injuries will be found in 'genuine' cases. Conviction rates are higher when the complainant has genital injuries. Objectives: To determine the type, frequency and severity of genital and non-genital injuries of women following alleged sexual assault and, in addition, to determine factors associated with the presence of injuries. Methods: The assault records and forensic examination findings of 153 consecutive women who attended a sexual assault service in Newcastle, Australia, between 1997 and 1999 were reviewed. All of the women were examined within 72 hours of the assault. Associations were sought between victim and reported assault variables and the presence of injury using multiple logistic regression analysis. Results: Of the women, 111 (73%) were aged under 30 years and only 4% were over 50 years. Penile–vaginal penetration was the most common type of sexual assault (86%). Non-genital injuries were found in 46% of the women examined (mostly minor) and genital injury in only 22%. Genital injury in the absence of non-genital injury was rare (3%). Independent risk factors for the detection of non-genital injuries were reported threats of violence (OR 5.7, 95% CI; 2.2–14.6). Risk factors for genital injury were the presence of non-genital injury (OR 19, 95% CI; 6.0–63.0), threats of violence (OR 3.7, 95% CI; 1.5–8.9) and being over the age of 40 years (OR 5.6, 95% CI; 1.6–20.3). If the alleged assailant was known to the woman this was protective for both non-genital (OR 0.3, 95% CI; 0.1–0.5) and genital (OR 0.4, 95% CI; 0.2–0.9) injury. Conclusions: The presence of genital injury should not be required to validate an allegation of sexual assault, particularly in the absence of non-genital injuries.


PEDIATRICS ◽  
1989 ◽  
Vol 83 (6) ◽  
pp. 1073-1074
Author(s):  
S. JEAN EMANS ◽  
JAN E. PARADISE

We are concerned that the protocol for evaluation of adolescent rape victims recommended by the American Academy of Pediatrics, Committee on Adolescence, contains several instances of misplaced emphasis, in light of current information about sexual assault in adolescents. The sheet puts strong emphasis on the examiner's discovery of injuries, although recent reports indicate that only about one third of adolescent and adult rape victims sustain any physical injury at all and that 7% to 26% sustain genital injuries.


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