When all the power will be united to stop the violence, especially gender based violence, then there will be no victims to face this violence. But before that we must find out the person who suffered this criminal action and help that person to lead a normal life and bring out the emotional pain.
This article is a summary of treatment procedure for those survivors and their family who have faced the unfortunate event of rape. It is intended to give information only and the system can be changed to the subject of state’s law. These steps are not for doctors only. Anyone eligible member of BLAST and Ministry of health can view publication on this matter.
Many have misconception that a woman has to go through some medical approach. In most of the cases many women are prevented from proper treatment and examination because of emotional torture and afraid being examined by male doctor or others. This not only weakens the survivor but also prevents the justice and possibility of getting pregnant.
– A doctor’s first step is to take a written consent of the rape victim. This written consent is needed for a doctor’s examination, gather evidence and police investigation to take legal measures.
– More emphasis should be given for the survivors initial treatment as soon as possible.
– Full details of the incident must be taken from the victim. It is mandatory for a doctor to show full sympathy towards the victim and he can not say any opinion or judge anything regarding the incident. We must remember under any circumstances a police officer is not allowed during medical examination. However with the permission of the victim her relatives can be there.
- General information- name, age, gender, detection of two symbols and details of police case.
- Medical history- previous sexual and midwifery ( number of pregnancies or deliveries etc) information may be required for treatment. History of previous abuse, STD operation or surgery information may be required for treatment.
- History of sexual harassment- the victim have to say everything details of the incident and it has to be recorded since it has a value in the court. What ever the survivor says has to be registered by doctor. Harassment place, time, nature of force , communication area all is recorded in details. If the attacker is known, then ask and say the name of the attacker. If any sensitive information is revealed ( such as identity of the attacker), then taking its identity and signature of the information given is important.
– Forensic evidence collection has a process where multiple sample can be collected from the affected people. Nature of attack will indicate which part of the body need to be examined. If a woman is raped then within 4 days she have to do the physical examination. This need to be kept in mind that after 72 hours the possibility of getting data reduces. Therefore it is better to do the test as soon as possible after the incident.
- The detailed description of the incident, sample will be collected from depending on the body part where she has been suffering.
- Request the victim to stand on a large piece of paper so that sample such as grass, mud, hair can be collected from the victim’s body. If the sample is collected then the alleged attacker may be found guilty along with any suspect. The piece of paper need o be keep safely and keep it in a bag and to find out the evidence this has to be send to FSL.
- The dress of victim has a worth as an evidence. Because there can be sign of struggle, blood strain, tears or may be marks of force. Therefore in the medical treatment manual the instruction is given how to save the evidence. Each piece in the cloth is recorded in the chart supplied. Any signs of spots, semen, blood or anything else must be taken into note. Any tear drop or any other spots must also be collected. If the victim changed the clothes after attack , then the previous clothes which she wore during attack must be collected.
- Clothing of the victim should be collected as evidence. Nail samples can be collected from the scratch and damage.
- Blood from the victim should be taken to do the tests like sexually transmitted disease, alcohol, drugs and blood grouping test.
According to the law approved by the government, the forensic experts do such tests where the details of the internal organs of the victim is given in details and it is a must.
Among medical tests there is one method “two fingers test” which is required to know the status of hymen. Many of those who have been victims of rape feel humiliated and to avoid this they prevent themselves from taking legal help. However under current law a rapist should be punished for such attempt even if the hymen is not torn. In October 2013, the Supreme Court decided to give justice and punish anyone who ever tries to cause mental and physical trauma to anybody. Especially the controversial”two finger tests” to check the accuracy of the uncertain despite has created anger among general people. According to Supreme Court’s decision, the Ministry of Health and Family Welfare Secretary, Home Secretary, Department of Health Secretary General and General Inspector of Police should banned the continue of “two fingers test”. As a result anyone victim of rape can claim for justice.
As a result of the Court’s decision in April 2014, the Ministry of Health has prepared a new draft in which the victims of rape facing “two fingers test” is completely banned.
Pre-requisite of Medical Examination:
- The examination should be done in a quiet, confidential and scary less place.
- Enough waiting space should be there for relatives of the victims to wait.
- A comfortable table and enough light is required for thorough examination.
- Since the evidence fades away with time, therefore all the examination should be done as quick as possible.
- According to Code of Criminal Procedure (CRCP) 164 any registered doctor can do the test and should do it.
- If there is no female doctor available to check the woman survivor, then a female assistant can be there along with the male doctor. Parents or elderly person with whom a small age victim or disabled victim is comfortable can be there too during the examination.
The treatment for the victim of rape is not done only single purpose. A doctor do the tests for various purposes. Below are the reasons.
- Injury treatment.
- Test for any Prophylaxis and for sexually transmitted diseases.
- Test for Prophylaxis and HIV.
- If needed pregnancy test is also done.
- Emergency contraception.
- If needed instructions and information from higher centers.
- Keep under medical treatment.
The overall objectives of these treatments are done to reduce the possibility of injuries, sexually transmitted diseases, pregnancies and mental torture.
Medical Report Analysis:
It should always be remembered that the general test result does not ensure that the sex is done by force or not. Therefore test results and other evidence are taken into consideration. However lack of injury or error in the test results negative consequences may come. The things that need to be considered are:
- Inability to prevent the attacker due to addiction or fear.
- Delay in doing the test report.
- With time the signs of injury will be faded and wound will be healed.
- Evidence may fade away for many reasons like pissing, taking bath, changing dress etc.
- Use of condom or of there is any VAS disease or if any vasectomy is done.
While finalizing the test results, these arguments must be referred by doctor.
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