RAPE

DEFINITION
 Rape is a type of sexual assault usually involving
sexual intercourse, which is initiated by one or more
persons against another person without that person's
consent.
 The act may be carried out by physical force,
coercion, abuse of authority or with a person who is
incapable of valid consent, such as one who is
unconscious, incapacitated, or below the legal age of
consent
The definition of rape varies both in different parts of
the world and at different times in history:

 It is defined in many jurisdictions as sexual

intercourse, or other forms of sexual penetration, of
one person by another person without the consent
of the victim.
 The United Nations Office on Drugs and Crime
defines it as "sexual intercourse without valid
consent,
 World Health Organization defined it in 2002 as
"physically forced or otherwise coerced penetration
– even if slight – of the vulva or anus, using a
penis, other body parts or an object”
The definition of rape varies both in different parts of the
world and at different times in history:

 Germany, are now using more inclusive definitions

which do not require penetration, International Criminal
Tribunal for Rwanda defines it as "a physical invasion
of a sexual nature committed on a person under
circumstances which are coercive.
 “Other countries or jurisdictions continue to define rape
to cover only acts involving penile penetration of the
vagina, treating all other types of non-consensual
sexual activity as sexual assault
 Scotland, for instance, requires that a rapist commit a
sexual assault with a penis, so only males can legally
be rapists.
TYPES OF RAPE BASED ON THE GOAL OF
THE RAPIST
Anger rapist
 The aim of this rapist is to humiliate, debase, and
hurt their victim;
 they express their contempt for their victim
through physical violence and profane language.
 For these rapists, sex is a weapon to defile and
degrade the victim, rape constitutes the ultimate
expression of their anger.
 This rapist considers rape the ultimate offense
they can commit against the victim.
 ANGER RAPIST

 Anger rape is characterized by physical

brutality, much more physical force is used
during the assault than would be necessary
if the intent were simply to overpower the
victim and achieve penetration.
 This type of offender attacks their victim by
grabbing, striking and knocking the victim to
the ground, beating them, tearing their
clothes, and raping them.
 POWER RAPIST

 For these rapists, rape becomes a way to

compensate for their underlying feelings of
inadequacy and feeds their issues of mastery,
control, strength, authority and capability
 The intent of the power rapist is to assert their
competency.
 The power rapist relies upon verbal threats,
intimidation with a weapon, and only uses the
amount of force necessary to subdue the victim.
 The power rapist tends to have fantasies about sexual
conquests and rape.
 They may believe that even though the victim initially
resists them, that once they overpower their victim, the
victim will eventually enjoy the rape.
 The rapist needs to believe that the victim enjoyed what
was done to them, and they may even ask the victim to
meet them for a date later.
 Because this is only a fantasy, the rapist does not feel
reassured for long by either their own performance or the
victim's response. The rapist feels that they must find
another victim, convinced that this victim will be "the right
one".
 Hence, their offenses may become repetitive and
compulsive. They may commit a series of rapes over a
short period of time. This is the most common type of rapist
in the United States.
 SADISTIC RAPE
 For these rapists, they have a sexual association
with anger and power so that aggression and the
infliction of pain itself is eroticized.
 For this rapist, sexual excitement is associated
with the inflicting of pain upon his/her victim
 Sadistic rape usually involves extensive, prolonged
torture and restraint. Sometimes, it can take on
ritualistic or other bizarre qualities. The rapist may
use some type of instrument or foreign object to
penetrate his/her victim. Sexual areas of the
victim's body become a specific focus of injury or
abuse.
 SADISTIC RAPIST

 The sadistic rapist's assaults are deliberate, calculated

and preplanned.
 They will often wear a disguise or will blindfold their
victims
 Prostitutes or other people whom they perceive to be
"promiscuous" are often the sadistic rapist's targets.
 The victims of a sadistic rapist may not survive the
attack.
 For some offenders, the ultimate satisfaction is gained
from murdering the victim.
 TYPES OF RAPE
1. DATE RAPE

 Date rape is a non-domestic rape committed by someone who

knows the victim..
 It can occur between two people who know one another usually
in social situations, between people who are dating as a couple and
have had consensual sex in the past, between two people who are
starting to date, between people who are just friends, and between
acquaintances.
 They include rapes of co-workers, schoolmates, family, friends,
teachers and other acquaintances, providing they are dating.
GANG RAPE
 Gang rape occurs when a group of people participate in the
rape of a single victim.

 Gang rapes involved more alcohol and other drug use, night
attacks and severe sexual assault outcomes and less victim
resistance and fewer weapons than individual rapes.
 Another study found that group sexual assaults were more
violent and had greater resistance from the victim than
individual sexual assaults and that victims of group sexual
assaults were more likely to seek crisis and police services,
contemplate suicide, and seek therapy than those involved in
individual assaults.
Spousal rape

 Also known as marital rape, wife rape, husband rape,

partner rape or intimate partner sexual assault (IPSA), is
rape between a married or de facto couple.
 Research reveals that victims of marital/partner rape suffer
longer lasting trauma than victims of stranger rape
RAPE OF CHILDREN

 Rape of a child is a form of child sexual abuse.

 When committed by another child (usually older or stronger), it
is a form of child-on-child sexual abuse.
 When committed by a parent or other close relatives such as
grandparents, aunts and uncles, it is also incest and can result in
serious and long-term psychological trauma.
 When a child is raped by an adult who is not a family member
but is a caregiver or in a position of authority over the child, such
as school teachers, religious authorities, or therapists, to name a
few, on whom the child is dependent, the effects can be similar to
incestual rape.
Statutory rape
 The offense is often based on a presumption that people
under a certain age do not have the capacity to give
informed consent.
 The age at which individuals are considered competent to
give consent, called the age of consent, varies in different
countries and regions;
 in the US, the age ranges from 16 to 18. Sexual activity that
violates age-of-consent law, but is neither violent nor
physically coerced, is sometimes described as "statutory
rape," a legally-recognized category in the United States.
Prison rape
 Rates of prison rape have been reported as affecting
between 3% and 12% of prison inmates in the US.
 Although prison rapes are more commonly same-sex
crimes (since prisons are usually separated by sex), the
attacker usually does not identify as homosexual.
 This phenomenon is much less common elsewhere in
the western world. This is partly because of the
differences in the structure of the prison system in the
US as compared to the prison systems in Canada,
Australia and Europe.
 The attacker is most commonly another inmate
Corrective rape
 Corrective rape is targeted rape against non-
heterosexuals as a punishment for violating gender
roles.
 It is a form of hate crime individuals in which the
rapist justifies the act an acceptable response to the
victim's perceived sexual or gender orientation and a
form of punishment for being gay.
 The stated argument of the corrective rapist is that
the rape will turn the person straight, "correcting"
their sex or gender.
 The language used and the name of the
interpreter should be noted in the report.
 In the case of adolescents, they should be allowed
to decide whether they want their parent to be
present or not.
 They should also be treated in the same way as
adults and not spoken down to.
INTERVIEW OF RAPE VICTIM
 Interviews with rape survivors should consist of the
following four elements:
1.the therapeutic interview,
2. the investigative interview,
3. the medical interview and
4. the forensic or medico-legal interview.
• The interviews should be conducted in a private,
friendly and supportive environment.
• The interviewer should establish a rapport with the
survivor and begin with general questions unrelated to
the assault such as the medical history.
• If necessary an interpreter should be used.
The therapeutic interview
 The therapeutic interview is the preliminary phase of the
interview process designed to assist and support the
patient during the initial stage of crisis or trauma.
 The information is not primarily gathered for use in
court as evidence.
 This role should be undertaken by a patient
 advocate such as a nurse, social worker or lay person
who has first contact with the survivor
 Ideally such a person should support the patient
throughout the other interviews and during the judicial
process.
The investigative interview

 The investigative interview is conducted by the

police and is not done to obtain a medical history
but in order to determine whether a crime has
been committed and the nature of the crime.
 The police will try to discover what happened,
how it happened, who were the perpetrator/s
and what were the results.
The role of the police in dealing with rape
survivors
 In cases where the survivor lays a charge or seeks
assistance at a police station, the primary function of the
police is to determine whether or not she requires
urgent medical attention and to decide whether a crime
has been committed.
 These decisions must be made speedily so that they do
not interfere with the survivor’s medical treatment and
medico-legal examination.
 Undue delays may cause psychological or physical
trauma and may jeopardise the collection of essential
evidence.
Suggested protocol for police
when dealing with rape survivors
1. All rape survivors should preferably be
interviewed by a female police officer who has been
trained to deal with such cases

2. No rape survivor should be turned away to seek help

elsewhere under the pretext of the offence
having been committed in a different district.

3. All rape survivors should be interviewed in a private room

4. Rape survivors should not be subjected to insulting or accusing

comments by members of the
police force. For example, a sex worker should not be told she
asked to be raped.
6. After the interview, rape survivors should be
taken immediately (but not later than two hours
thereafter) to the nearest primary health care
clinic, provincial hospital or Crisis Centre, for
medical assessment.
A list of these facilities and the duty nurse or
doctor should be available at every police station
and with the regional radio control unit.

7. When called to a health care facility the police should arrive

there as soon as possible
8. The police should be able to give the rape survivor information
about post-trauma counselling services such as local rape support
groups

9. The police should counsel the rape survivor on the

importance of preserving evidence until she has undergone a
forensic examination (e.g. not washing or changing her clothes).

10. The police should explain to the rape survivor the

investigative steps that will be followed as well as what will
happen during any future court case
 The medical interview

 The medical interview deals with the symptom complaints,

the past medical history and
 attempts to correlate the symptoms with the alleged assault
or abuse.
 It includes a physical examination and special investigations
 The subsequent management of the patient is discussed and
implemented (e.g. pregnancy prevention, sexually
transmitted infection and on-going counseling).
The forensic or medico-legal interview
 The forensic interview is a fact-finding procedure by a neutral forensic
nurse or doctor
 Detailed information must be recorded and alternative explanations
explored.
 Procedures must be strictly followed and checklists used to ensure that
the evidence is systematically collected and accepted in a court of law
 The forensic interview includes detailed information concerning the
identity, race and age of the alleged assailant, details concerning where
the assault took place and the date and time of the assault
 In addition, details must be obtained about how the assault was
conducted, the amount of force use and a description of any weapon
used.
Checklist for describing a sexual assault
NATURE OF THE ACT PURPOSE OF DESCRIPTION

Penetration of vagina by: • To prove penetration of the vagina and to corroborate

• Penis injuries with stated offense
• Finger • Presently for rape there must be penetration
• Foreign object (describe of the vagina by a penis
• To identify need for swabbing of vagina for semen
or to look for evidence of injury by a finger or a
specified foreign object

Penetration of anus/rectum by: • To prove penetration of the anus/rectum and to

• Penis corroborate injuries with stated offence
• Finger • To identify need for swabbing of anus/rectum for
• Foreign object (describe) semen or to look for evidence of injury by a finger
or a specified foreign object
NATURE OF THE PURPOSE OF DESCRIPTION
ACT
Oral copulation of To identify need for swabbing of victim’s genitalia for
genitals: saliva of assailant
• Of victim by • To swab victim’s mouth for semen of assailant
assailant
Oral copulation of • To identify need for swabbing of victim’s anus for saliva
anus: of assailant
• Of victim by • To swab assailant’s anus for saliva of victim
assailant

Masturbation • To identify the need to document genital injury

• Of victim by • To identify the needs for detecting and testing clothing
assailant and other object and surfaces for semen of the assailant.
• Of assailant by The detection of semen is facilitated by the use of an
victim alternative light source such
as UV light (e.g. Wood’s lamp)
Ejaculation • To note the presence or absence of semen in stated
• In body orifice site
• Outside body orifice • In the case ejaculation outside the body orifice to
• In a condom swab the part of the body on which ejaculation took
place
• In the case where a condom was used, to ask the
police to locate and preserve the condom as evidence

Use of foam or jelly or • To explain the condition of the semen (e.g. foams
lubricant or jelly may have spermicidal activity)
• To explain the paucity of injuries where a lubricant is
used

Fondling, licking or • To identify need for swabbing the relevant parts of

kissing (identify relevant victim’s body for saliva of assailant
part of body)
NATURE OF ACT PURPOSE OF DESCRIPTION

Use of weapon (describe • To identify pattern of injury and patterns of injury

type of weapon) which may correlate with the alleged weapon

Physical blows by hands, • To identify pattern of injury and patterns of

feet or head (describe which injury which may correlate with the part of the
and where used on the body used
body)

Grabbing, grasping or • To identify pattern of injury and patterns of

holding (describe which injury
activity and body part/s which may correlate with the part of the body
affected used
• To identify the parts of the body which may show
injuries consistent with method used
NATURE OF ACT PURPOSE OF DESCRIPTION

Use of physical restraints • To identify pattern of injury which may correlate

(describe types used) with the type of restraint used
• To alert the police to search the crime scene for
the type of physical restraint described

Biting (describe where) • To identify the pattern of injury

• To identify the sites on the body where swab
should be taken for the detection of saliva from
the assailant

Strangling or throttling • To identify the pattern of injury

• In the case of ligature strangulation to alert the
police to search the crime scene for the type of
ligature described
 NATURE OF THE ACT PURPOSE OF DESCRIPTION

Burning (describe where • To identify the pattern of injury

and with what) • To correlate the type of burn found with then
history

Loss of consciousness • To investigate the possibility of drug-facilitated rape

• To clinically explain any loss of memory or any
incomplete recall concerning the event
• To investigate the patient to exclude an underlying
head injury

Threats of harm (describe type of • To survivor

threat) • To other person
• To explain the lack of physical injury
 The forensic examiner must also interview the survivor concerning her post-
assault activities and hygiene
 The following hygiene practices and activities should be noted:
 urination;
 vomiting;
 defecation; g
 genital wiping or washing;
 bathing or showering;
 douching;
 removing or inserting tampons;
 sponges or diaphragms;
 eating or drinking;
 brushing teeth;
 oral gargling; and
 changing of clothing.
 Injuries to the female genitalia
 Non-consensual intercourse as well as other forms of violence such
as biting, burning, stabbing and cutting may cause injuries to the
female genitalia.
 In some instances fingers, fists and foreign objects such as stiff
rods, hoses and dildos may be forcefully inserted into the vagina.
 In order to do a proper examination of the internal and external
genitalia the health professional must have a thorough understanding of
the anatomy and physiology of the female genital tract.
 The patient should be fully informed throughout regarding how
the examination will be conducted.
  The patient should be fully informed throughout regarding
how the examination will be conducted
 It is also necessary to understand the normal human sexual
response in order to correlate the findings at examination
with the allegations concerning the unlawful assault.
 As a general rule, a normal sexual response by the female
rape survivor does not occur during a sexual assault (e.g.
increased lubrication and pelvic tilt to aid penetration of the
vagina).
 The patient’s dignity should be respected and those parts of
the body not required for investigation should be covered up.

PATIENT’S DIGNITY The patients dignity

should be respected and those parts of the
body not required for investigation should
be covered up
Lithotomy position with the back elevated.
Two methods that may be used to assist in visualising subtle injuries are:
1. the toludine blue dye test
 The toludine blue dye test can also be used to identify recent or
healed genital or ano- rectal injuries.
 A 1% aqueous solution is applied to the area of concern and
washed off with a lubricant (e.g. K-Y jelly) or a 1% acetic acid
solu- tion.
 Injured mucosa will retain the dye and become more apparent
to the naked eye.
 In posterior fourchette lacerations, the detection rate increases
from 16% to 40% in adult rape victims.
 However, the test may also be positive in inflammatory
conditions as well as in detecting minor trauma that may occur
in consensual intercourse.
2. use of coloscope
 is an instrument like a pair of binoculars that can be used
to magnify images 5–30 times.
 A permanent record of the findings can be obtained by
attaching a digital, still or video camera to the instrument
but such evidence is not always admissible in court.
 The colposcope can be used on its own or with the
toludine dye test to detect subtle injuries and healed
changes in the genital or ano- rectal areas.
 Injuries to the perineum and anus
 Injury to the ano-rectal region of both females and males may be due to
overstretching of the anal sphincter from a large penis or other objects such as
sharp objects (e.g. fire poker), bottles, broomsticks and dildos.
 A common cause is sodomy, but in some instances the entire hand or arm may
be forced into the anus and rectum, a process termed ‘fisting’.
 The perineum and anus may be visualised with the patient’s knees on her or his
chest in either the prone or supine position. The examination may be facilitated
by gentle separation of the buttocks. Look for secretions, foreign materials and
‘TEARS’.
T – tears or lacerations and/or tenderness;
E – ecchymosis or bruises;
A – abrasions;
R – redness; and
S – swelling).1
 Persistence of spermatozoa after sexual intercourse
SITE MAXIMUM LENGTH OF TIME DIAGRAMMATIC
AFTER INTERCOURSE AFTER INTERCOURSE
Endocervical swabs 144 hours

Internal vaginal swabs 120 hours

External vaginal swabs 120 hours
Rectal swabs 65 hours

Anal swabs 46 hours

Lips of mouth 9 hours
Oral swabs 6 hours
The time will also depend on how much is lost through drainage arising from
the activities of the survivor.
DNA evidence collection: special precautions
To avoid contamination of evidence that may contain DNA,
the special sexual assault kit should be used and the following
precautions taken:
•Wear gloves and change them often
• Use disposable instruments or clean them thoroughly before
and after handling each sample
•Avoid touching an area where you believe DNA may be
present
•Avoid talking, sneezing or coughing over evidence
•Avoid touching your face, nose and mouth when collecting
and packaging evidence
• Keep evidence dry and transport it at room temperature
• Ensure that the chain of custody is maintained at all times.