The medicolegal understanding regarding sexual violence.
- Author:
Young Soo SON
1
Author Information
1. Department of Obstetrics and Gynecology, Medical School, Jeju National University/Legal Commitee, Korean Society of Obstetrics and Gynecology, Jeju, Korea. art3255@hanmail.net.
- Publication Type:Review
- Keywords:
Sexual violence;
Rape;
Women and girls;
Rape of wedded wife;
Rape of transgender female;
Medical and legal obligation
- MeSH:
Anger;
Coitus;
Crime;
Criminals;
Fees and Charges;
Female;
Freedom;
Human Rights;
Humans;
Jurisprudence;
Legal Guardians;
Linguistics;
Male;
Penis;
Physical Examination;
Rape;
Reproductive Health;
Sex Offenses;
Sexual Behavior;
Sexual Harassment;
Spouses;
Survivors;
Vagina;
Violence
- From:Korean Journal of Obstetrics and Gynecology
2009;52(7):681-690
- CountryRepublic of Korea
- Language:Korean
-
Abstract:
Sexual violence, by definition, means all kinds of the physical, emotional, or linguistic violence by means of sex on which one would never agree. In a broad sense, sexual violence could include sexual assault, molestation (also referred to as sexual abuse), and sexual harassment. Sexual assault is a substitute for rape used in media reports. Rape is an coerced sexual intercourse in which a man is putting his penis inside a woman's vagina by means of an act of violence and intimidation and a heinous crime which infringe on human rights of sexual self-determination, and freedom and tranquility of sexual life. Psychologically, it is important to be aware that rape is not a sexual behavior in common sense. It should be treated as an event in which one person violate another by means of sex. Many a serious rape is liable to be committed from the impure motive of sadistic ostentation of one' power and retributive exhibition of one's anger. The criminal object of rape is women and girls. Previously, as prescribed by law, interpretation of the law restricted the object of the crime to biological and genetical female who also is not rapist's wedded wife. But, the latest judicial precedent appreciated a person who is rapist's wedded wife as the object of the crime. Considering previous judicial precedents and the tendency of juridical interpretation on the minors of transgender, even a transgender female underwent sex exchange operation could be legally appreciated as the object of the crime. So, therefore, gynecologist who would initially confront rape victim in the field of medical practice should carry out one's medical and legal obligation, irrespective of whether or not the victim would be a biological and genetical female or a rapist's wedded wife or a transgender female underwent sex exchange operation. Especially, gynecologist should not judge whether rape is committed or not only by external wound. And, even if the victim and legal guardians would not want to accuse rapist on charges of rape at the moment, gynecologist should collect all the criminal evidences just in case an accusatorial procedure would be presented later on. Successful prosecution of rapist would be dependent upon the completion of the detailed forensic examination. Because of the legal ramifications of rape, consent should be obtained from the victim before taking the history, performing the physical examination, and collecting the criminal evidence. Many rape survivors would not inform their gynecologist of the assault voluntarily, unless they are directly asked. So, therefore, on getting a medical history, gynecologist should routinely ask their patients a question, "Has anyone ever coerced you to have sexual relations?". Actually, rape is severe and complex form of trauma which could bring about an excruciating damage on physical, psychological, and sexual health and, thereupon, might have an impact on the victim for the rest of one's days.
