Managing A Rape Victim: Legal Implications

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Examination of the Victim

It is essential to have a written consent after explaining the nature, implications and consequences of the examination. The consent of the victim should be obtained in writing in the presence of a witness if she is of and over twelve years of age. If she is a child under twelve years of age or a feeble minded person, the written consent of the parent or a guardian should be taken (section 90 IPC). The examination should be made in the presence of a third person either a nurse or female relation unless the doctor happens to be a female doctor.

The Statement

The statement of the victim must be written down. The amount of violence used and the position of the assailant and the mode of attack should be elicited. Her statement should be noted with reference to pain, haemorrhage, sensation as to penetration and emission, and the appearance of any discharge. It should also be ascertained if she has changed her clothings, bathed or passed urine. A record should be made of the statement of others who accompany here. The degree of agreement of the various statement is important.

Signs of Struggle

These should be observed on the clothes and the body. The clothing should be examined in good light for evidence of a struggle, such as tears in the fabrics, marks of mud or grass, or stains of blood or semen. When clothes are injured, corresponding injuries to the body may be present and should be looked for. Mud and blood stains, when present are generally seen on the back clothes while seminal stains are seen on the front clothes. When blood stains are seen, it must be ascertained if they are due to menstruation. Blood should be taken for grouping to determine if the stains belong to the victim or assailant. Seminal stains should also be grouped to ascertain subsequently if they match with assailant's blood group. The clothing's should be retained carefully dried, slabelled, and forwarded to the chemical examiner for the examination of suspicious stains, either blood, semen, or both.

If there is some other physical evidence, such as, foreign hairs, pieces of clothing that could not have been derived from the victim, a trouble button identical with those of the assailant who has one missing, it is a valuable corroboration and should be looked for and noted. This is in accordance with Locard's principle of exchange, that when two objects come into contact with each other, there is always some transfer of material from one to the other. The whole of the body should then be examined for marks of violence. Bruises and injuries found on the body must be described specailly with reference to the possibility of self-infliction or corroboration of her tale. Scratches or bruises found about the cheeks, lips, neck, chest, breasts, arms or legs may have been inflicted in an attempt to stifle the victim's cries for help or struggling, or from contact with the ground. The breasts may show bitten nipples or injuries as a result of rough handling. The injuries may be bruises, nail marks, bites in the form of lacerations, etcetera. They should be described in full.

Genitals

The examination of genitals should command special attention. The sooner the examination is made the better, and menstruation should not be a cause for delay.

Local signs of violation

The presence or absence of bloodstains about the legs or vagina should be observed and if present, it should be ascertained whether such stains could be due to menstruation. If dry, they should be scraped with a clean, blunt scalpel and preserved for examination. The pubic hair should be examined for matting from seminal fluid or blood, and for foreign hair.

Presence of spermatozoa and other microorganisms

Normally, sperms remain motile in the vagina for about two to three hours and non-motile forms are detectable for about 24 hours. To demonstrate the presence of sperms, 10-20 ml of normal saline is instilled in the posterior fornix and the vaginal contents aspirated by means of a blunt-ended pipette. A wet preparation is then made on a slide and examined under a microscope for motile spermatozoa. If motile sperms are seen, it would mean that intercourse has taken place within two to three hours. If the sperms are not motile, it is not possible to say exactly when within about 24 hours.

Evidence of venereal disease

The presence or absence of any urethral or vaginal discharge should be noted. It may be due to gonorrhoea, infammation of the parts, worms, or uncleanliness. The presence of sores should also be looked for. They may be due to syphilis or chancroid.

Injuries

The vulva, hymen, vagina and the perineum should be examined for any injuries. Signs of recent rupture are ragged tears in the hymen with lack of epithelial healing, oedema and haemorrhage.

It must be noted at this stage, if the gait is normal. When genital injury is present, the gait is broad based and painful. The distensibility of the vagina should also be noted in relation to the number of fingers it can admit without causing discomfort. The extent of violence to the private parts will depend upon the age of the person and her previous condition with reference to intercourse, whether virgin, married woman or a child.