IB HUMAN SEXUALITY
SEXUAL OFFENCES
Dr Philip Beh
Pathology
Fri 20-09-02
OVERVIEW
Types of sexual offences in Hong Kong
Caring for victims of sexual assaults
Evidence collection and preservation
Exploring attitudes
Way forward: One-stop crisis centres; Legal reforms
"SEXUAL ASSAULTS" (CRIMES ORDINANCE CAP 200)
Indecent Assault (Part XII): most common, broad coverage (kissing, touching, anything short of rape), sentence up to 10y
Unlawful Sexual Intercourse with girl under 16: even if she agrees (not legally considered to be able to give consent), if both boy and girl are of same age, courts are fairly lenient; if large age group - sentencing
Unlawful Sexual Intercourse with mental defective: b/c of mental status, cannot give consent (mental defectives can only have intercourse with spouse)
Unlawful Sexual Intercourse with girl under 13: treated as rape (by police, Courts), possible life sentence
Rape: maximum penalty = life; usually 7-12y (note: offenders get counselling in jail, victims get nothing)
Note: if adult female has sex with 15 yo boy, child sex abuse, but not rape
Note: necrophilia: disrespect to dead body, mental problems treated rather than jail sentence
Note: no separate law for rape of adult and rape of minor
Note: if female is under 16 yo but says she is > 16 yo -> need to see if genuine belief (girl looks mature, acts mature for her age)
SEXUAL ASSAULTS
Incest: blood-related
- Rarely reported b/c happens at home (detected: social workers, doctors, schools)
- Leaves LT emotional + psychological problems for Pt
- Man + Granddaughter, daughter, sister or mother (willingly) (unwillingly = rape) (onus: must know that you are related to that person)
- Woman (>16) + Grandfather, father, brother or son
- Moral
stance: inbreeding unacceptable
- Not applicable: step-siblings, adoption, step-parents
Bestiality
- More common in agricultural communities, human + animals
Homosexual Buggery
- Male vs. male, has to be someone under 21 yo/ without consent/ in public place (therefore, legal = both over 21 yo, with consent, in private place)
RAPE
- A man commits rape if:
- He has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it; and
- At that time he knows that she does not consent to the intercourse or he is reckless as to whether she consents to it
- Eg. Rape conviction after safe-sex vow broken
Legal Definition
- WHAT IS SEXUAL INTERCOURSE?
- Law: slightest penetration of the male penis into the female vagina (technically, past vulva)
- The emission of seed (ejaculation) is not required.
- DIAG: normal female genitalia ® Hymen is deep into vaginal canal - therefore a woman can be raped with hymen still intact
What should a victim of rape do?
- Get to a place of safety ASAP (attacker many want to kill victim after rape)
- Do not wash or clean (need to gather evidence)
- Seek medical and psychological help ASAP
- Decision to report to Police must be an informed choice of the victim (if Pt doesn't consent, Dr cannot release information)
- Note: sprays and stun-guns are illegal in HK; martial arts may not work
Local References
- Rape in HK: an overview of current knowledge - Journal of Clinical Forensic Medicine (1998), 5, 124
Where can victims of rape get help?
- NGO (Non-Govt Organisation): Association Concerning Violence Against
- Rain Lily Hotline
- Women Hotline - 2375 5322
- The Family Planning Association of HK - 2572 2733
- SafeTalk - 2603 7815
- Hospitals
- Police
What does the victim need most?
- To re-establish a sense of control over her own life
What can the doctor do?
- Respecting her decisions and allowing her to re-establish her control (eg. She may not want her family to be told)
- Non-judgmental support
- Examination and documentation of injuries (potential to go to Court)
- Collection and preservation of contact evidence
- Screening and treatment for pregnancy, STD's (HK: HIV not included in. Other countries: routinely tested, prophylaxis given)
- Psychological counselling and support: most doctors not equipped to counsel, therefore refer. Hospitals do not routinely offer this
Contact evidence
- Who attacked Pt?
- Location of attack?
- Fibres/Clothing
- Fluids: blood, saliva, semen, vaginal secretions, pus, bacteria (eg. If attacker has STD)
- Hair samples
- Fingernail scrapings (not cuttings: woman already traumatised enough)
DIAG: Ground sheet
- Clean, white plastic/ paper sheet
- Pt stand on top as she undresses
- Acute case
- Eg. Pollen, soil samples, grass, trees (unique to location)
DIAG: Loose hair/fibres in hair
- Different coloured hair, ask Pt to comb her hair
DIAG: Fibres
- Synthetic very smooth
- Natural fibres rough
- Forensic scientists can compare substances
DIAG: Spermatozoa
Injuries
- Most victims of sexual assaults DO NOT have injuries
- The absence of injuries DOES NOT exclude the occurrence of a sexual assault
- Reasons
- Pt may not be struggling: her or her family threatened with knife/ gun during rape
- Most people raped by someone they know
Injuries when present should be properly documented:
- Photographed with scale and/or drawing/ sketch
- Measured and described
- Description of type, pattern, appearance, size and location on body
DIAG: Photographic documentation
- Using scale to measure injury
- Even if you forget to measure, have photo of scale, therefore can work it out
DIAG: Petechial haemorrhages in eyes
- Eg. Attacker tries to strangle victim
DIAG: Other bodily injuries
- Neck bruises
- Injuries to inside of thighs as attacker tries to spread victim's legs
- Bites
- Palate injuries: forced oral sex
- Anal penetration
- Note: if no vaginal penetration involved, not defined as rape in HK (indecent assault causing bodily harm)
DIAG: Injuries to lips
- Forced kissing against victim's will
DIAG: Hymenal variants & injuries
- Fleshy hymen
- Semilunar shape
- Septic hymen
- Membranous hymen
- Before you call something a hymenal injury, you must know appearance of normal hymen
- Colour of hymen: due to thickness of tissue (dependent on amount of oestrogen in body - eg. Newborn baby's hymen very red and fleshy due to mother's oestrogenic effect)
- Injuries: bruises, tearing, fourchette, extend to anus (babies, forceful penetration with objects)
DIAG: Vaginal speculum
- Use plastic, transparent (can see vaginal wall)
- Try not to use speculum (esp. when injuries): already painful
- Clinical indications for using speculum: injury extending into vagina may need to use GA for examination)
Control samples
Samples from victim or someone else?
- Hair
- Blood
- Saliva
- Blood of spouse/ sexual partner
ATTITUDES TOWARDS RAPE VICTIMS
Myths and misconceptions
Marked under-reporting: 1/8 - 1/10 of actual rapes reported in HK (150 reported cases per year in HK)
Marked attrition rate of reported cases: victim reports case to Police, 90% 'get lost' on the way to Courts (Police may decide no rape and don't do anything more, no evidence, case cannot be solved, Dept Justice not sure they can win so don't risk taxpayers money, victim had enough and doesn't continue)
Bad experience for victim in the Criminal Justice System (Police + lawyers do not have enough empathy; doctors not much better)
MYTHS
- Rape is perpetrated by strangers: false; more likely by someone you know
- Rape is most likely to occur in lonely dark alleys: false; in HK more likely in your own or your acquaintance's home
- The victim will always have extensive injuries
- Victims are most likely to be under the influence of alcohol and/or drugs: false; only 10% of victims used alcohol and/or drugs (even so, these levels not enough to cause incapacitation, also if under the influence cannot give consent)
- Note: rape in peace-time - "She was asking for it"; rape in war-time different
- Men, not women, are responsible for rape: 1/3 believe otherwise
- Women do not provoke rape by their appearance or behaviour: 50% believe women do provoke rape
- Women who wear short skirts or tight blouses are not inviting rape
- The extant of a woman's resistance should be the major factor in determining if a rape has occurred (wrt injuries) - 30% agree
- Note: attitudes of men and women quite similar
WAY FORWARD
One-stop rape crisis centre: b/c HK relatively affluent (one-stop for psych, med, evidence collection, Police reporting in one place)
Legislative reforms: non-consensual penetration of oral cavity and anus should be included in definition of rape (also cause injuries, psych damage); should include males as victim
PROBLEMS WITH CURRENT LAWS
- Marital rape: sexual intercourse with wife against her consent is not rape (rape under common law but written law has yet to be amended.)
- Penetration with anything other than the penis is not rape
- Penetration of anything other than the vagina is not rape (eg. Forced oral sex, anal sex)
- These are included rape laws in USA, Canada, Australia, UK, some European countries
- SLIDE: Marital abuse law 'must be made clearer'