What is the first thing comes to your mind whenever you hear the cases of Sexual Assault? May be deep grief and sympathy for the survivor or intense anger and hatred towards the accused. In a world of 8.1 billion population where every 73 seconds produce a victim (can be Female, male, transgender or any person with disability) in these cases the must done procedure is finding the culprits guilty and bringing justice to victim. And I must say in this context medical examinations play a very important role by collecting necessary evidences against the defendant and also providing proper healthcare treatment to the victim.
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So in this blog we will learn about :
- Medical examinations performed in sexual assault cases
- Laws regarding checkups
- Banned Checkups
- Role of Ayurveda
- Conclusion
First and foremost let's discuss about the medical examinations. So the most obvious and accurate way to determine whether a person has been sexually assaulted or not is through medical examination, by a registered medical practitioner. It not only provides the required medical treatment and psychological support to the survivor but also helps to collect proper evidence for further legal proceedings. Several kinds of medical tests are present some may differ according to gender and age.
Physical Examination:
The doctor checks for any physical injuries on body especially in genital area which may include cuts, bruises or bleeding.
Sample Collection :
It must be done within 72 hour of unwanted sexual practice. Sexual assault Evidence kit, also called as "Rape kit" is generally used to collect swabs from genital area, mouth, anus (it reported) and other parts of the body where DNA might be found.
Also the victim's clothes, pubic hair, head hair, nails are collected to examine the presence of semen, blood, saliva or any other matted materials which is highly required for identification of accused by DNA profiling.
Photographic Documentation :
Any visible injuries on body are cleanly photographed for evidence.
STD Screening:
Tests for STD like HIV, syphilis, gonorrhea etc. are done.
Toxicology Screening:
If drug facilitated assault is suspected blood and urine tests may be conducted to check for the presence of drugs or alcohol.
Pregnancy Test:
It is done only to check if the victim is pregnant which can be a crucial evidence in some cases.
Psychological Assessment:
A psychological assessment is must for assessing the emotional and psychological impact of the assault. It is recommended to support the victim's mental and emotional well-being especially in children as they may face difficulty in expressing their experience.
Specialized Approach:
In case of children, all the tests to be done must be conducted with extra care as they can retraumatize the child. Also Forensic interviewing often conducted in children especially trained professionals in a child freiendly manner.
LAWS REGARDING CHECK-UPS :-
Many countries including India have specific laws and regulations that mandate medical checkups and Forensic examinations in cases of sexual assault. The consent from the victim or their guardian (in case of minors) before conducting any part of the examination is a must done procedure.
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The laws are generally designed to protect the rights, privacy and dignity of the victim ensuring that they get proper medical care. Now let's discuss more about these guidelines.
1. Indian Penal Code (IPC), 1860
Section 164A:
This section considers that the medical examination should be conducted by a registered medical practitioner within 24 Hours of police receiving information about the offence. Further a report should be prepared including the details of the examination.
2. Code of Criminal Procedure (CAPL) 1973
Section 164;
It allows for the recording of victim's statement including details from the medical examination. which can be used as evidence during the trial.
3. Protection of Children from Sexual Offences (Pocso) Act, 2012
Section 27:
It considers that the medical examinations should be done by a registered medical practitioner preferably of the same sex as the child in the presence of a parent or guardian.
Section 19 and 21:
This section deals with reporting of sexual offences against children emphasizing the importance of timely and legal intervention
4. The Criminal Law (Amendment) Act, 2013
Amendments to section 375 and 376 1PC :
It brought significant changes to the laws concerning sexual assault, expanding the definition of rape and strengthening the legal framework.
Section 357c CRPC:
It mandates that all hospitals, public or private, must provide first aid medical treatment without any delay to victims and must immediately inform the police.
5. Medical Examination Guidelines
In 2014, the ministry of Health and Family welfare issued guidelines outlining the procedures for conducting medical examinations, collecting Forensic evidences while ensuring the dignity and rights of victims during the whole process.
*You will be amazed to know that in certain countries like US, free medical treatment is provided in private or public hospitals in cases of sexual assault under the Federal Law, 1994. Charging even a penny will be punishable.
BANNED CHECK-UPS:
With advancement of modern medical science some outdated and unethical medical practices ane banned due to the violation of privacy and dignity of the survivor. Certain tests are as follows:
1. Two-Fingers Test:
It involves a doctor inserting two fingers into victim's vagina to check the laxity of vaginal muscles for determining whether or not she had been engaged in sexual intercourse previously. Having no scientific basis this test is banned in several South-Asian countries, some due to its highly invasive and retraumatizing nature.
2. Forced Gynecological Exams :
It is highly criticized in various countries like Brazil, Mexico etc. for involving forced gynecological exams conducted without the consent of the victim.
3. Hymen-Repair Surgery :
While this is extremely condemned in Middle Eastern and South Asian countries. some still support Hymenoplasty or Hymen-Repair surgery due to kind of cultural pressures related to purity or Virginity.
However, all the medical examinations should be more evidence based, ethical and victim-centered along with a commitment of Scientific accuracy.
ROLE OF AYURVEDA :-
While modern medical examinations for sexual assault are mainly focused on collecting Forensic evidences (like DNA samples, documenting injuries etc) Ayurveda emphasizes more on holistic health including physical, mental and emotional well-being.You can say it is more focused on recovery and healing which is equally important.
Ayurveda is centered around restoring balance in the body and mind after trauma. This may include:
Panchakarma Procedures like (oil massage), shirodhara ( oil dropping on the forehead) and shehana (internal and external oleation) for calming the nervous system.
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Topical applications of healing herbs, for any physical injuries.
Since trauma often leads to vata imbalance (linked to fear, anxiety and instability), grounding practices and warm and nourishing food would be recommended.
Herbs like ashwagandha, brahmi etc. manage stress, anxiety and depression.
Sattvavajaya Chikitsa is done for psychological well-being through spiritual practices.
Meditation and Pranayama are some of the best techniques for calming the mind and promoting mental clarity.
CONCLUSION:-
As sexual assault is becoming a major issue now-a-days, each and every individual of this world should aware about these cases. It not only brings physical, mental, and behavioural changes to the survivor but also left some untreatable scars behind. So providing compassionate medical care with consideration of the survivor's helps to rebuild boundaries and consent should be the utmost priority of a medical practitioner. Every step taken with compassion, patience and respect helps rebuild the power, trust and control after a profound violation. Actually it's the survivor's right to be treated with dignity.
Thank you so much for reading this blog . Stay tuned with hungry researchers for more such interesting articles.
"May the Force be with you"
- Bhagyashree Mohapatra