The medical examination after a rape is essential to gather all the evidence against the aggressor. It must be carried out as soon as possible after the attack.
When to carry out a medical examination after a rape?
“As soon as we become aware that we have been attacked or as soon as we have the doubt of having suffered sexual violence. Ideally, you must consult as soon as you notice or suspect because you may have been drugged or alcoholized without your knowledge and the aggressor took advantage of this drop in vigilance to take action”, explains Dr. Stéphane Malbranque, forensic pathologist at the University Hospital of Angers.
Who to consult for these medical examinations?
“The best thing is to consult a service specializing in the findings of blows and injuries, that is to say the forensic medicine services when there are any, depending on where you live”, continues the medical examiner. Otherwise, there are gynecology or emergency departments. If you are far from a hospital structure, you can go see either your doctor (gynecologist or attending).
Are they mandatory?
“It is OBLIGATORY because, overall, in such a case where we accuse someone of a criminal act, we must be able to have evidence. Justice acts on evidence and this collection of evidence can only be done from forensic findings, especially if we want to find the DNA of the aggressor. The medical examination is therefore essential to be able to argue, defend and prove that you have been attacked because obviously the attacker will deny the words as a whole”, warns the specialist.
Physical examination
A general examination is first carried out: the doctor (legal expert) observe the skin of the victim to see if it shows traces of violence because it may have been hit so we are looking for traces bruisesof scratchesbites. “Then we do the injury report, especially at the vulvar level in order to notice if there are small tears, abrasions or wounds. At the same time, we proceed to the collection, that is to say we make a examination as at the gynecologist with a speculum, we use two cotton swabs that we rub on the level of the skin or on the level of the vaginal walls to possibly collect cells of the aggressor. Following the clinical examination, a psychological assessment to assess the state of the victim and to be able to redirect him to specialized services”, emphasizes Dr. Malbranque.
Clothing samples
The samples are kept in full by the investigators. They are placed in paper bags because the plastic gets moldy from condensation. We deposit the underwear and everything that could have been touched by the aggressor in paper bags. They will be analyzed to see if there were any residues of human matter on the clothes.
Medical certificate
We distinguish two types of procedures after an assault.
► When you go to file a complaint before going to the doctor (which is by the way the first thing to do), the police issue a judicial requisition to a doctor to authenticate the medical certificate as evidence. This certificate is given not to the person attacked but to the police and it becomes a procedural document.
► In the event that we have not filed a complaint, a medical certificate is given to the victim following the examination and it is up to the latter to give it to the police. “But the police can absolutely request a specialized doctor who is an expert in the courts, that is to say a forensic doctor, to carry out an examination again in order to obtain a medical-legal certificate which has the force of proof. It is not that the other certificates are not good, but when they are certified by a legal expert, this has a probative force all the more important. an essential document for the smooth running of the investigation and the upcoming trial“, nuance Dr. Malbranque.
What is the coverage of medical expenses?
“From the moment the victim files a complaint and there is a requisition, everything is taken care of by the Ministry of Justice. The victim pays nothing”, reassures the medical examiner. On the other hand, if the victim goes to consult his attending physician, the latter can quite claim the fees he wishes.
Thanks to Dr Stéphane Malbranque, medical examiner at the University Hospital of Angers.