Alleged rape – a case study illustrating potential difficulties in interpretation of ano-genital findings – a personal view

Abstract 

In cases of alleged rape the complainant (or “complainer” in Scotland) may be in a position to identify the alleged assailant and as a result of the advances in forensic science the issue frequently relates to the question of consent. In addition to collection of relevant forensic samples, the forensic medical examiner (FME) is required to examine the complainer for evidence of recent injury and interpret the relevance of the clinical findings. In these specialised forensic cases while it is appropriate that the FME adopts an empathic approach it is essential that clinical objectivity is retained such that we may be in a position to provide an entirely impartial professional report which will assist in the investigation of the complaint. Irrespective of our involvement in these cases, whether at the request of the prosecution or the defence, it is essential to remember our position as independent forensic practitioners particularly when asked to offer an opinion on relevant clinical findings. This paper examines one case in detail and considers the elements of clinical examination; report writing; interpretation of injuries; comparing findings in alleged non-consensual and consensual intercourse; and finally the provision of appropriate medical opinions.

Keywords: Consent, Objectivity, Injuries, Independent opinion, Evidence base