RAPE CASE CHANGES TOO RESTRICTIVE, SAY DOCTORS
By Julie Rowbotham, SMH 3/5/04
Two of the three full-time doctors employed in NSW to treat
adult victims of sexual assault have criticised the state health
department over proposed guidelines they say would
unreasonably restrict how they take forensic samples from
patients, making rape cases harder to prosecute.
The guidelines would dictate the circumstances in which a
doctor could use a speculum for internal examinations and the
collection of swabs for potential DNA matches, and specifically
forbid taking of genital photographs.
Doctors Patricia Brennan and Maria Nittis say they should be
able to decide which examinations are medically warranted, as
long as the victim consents.
They also say a plan to train an initial 30 nurses to examine and
take forensic samples from people who have been sexually
assaulted would weigh against victims in court, because nurses
have less experience in examining women, and their testimony
would be easier for defence barristers to dismiss under crossexamination
than doctors'.
In a court case, ``you're going to want to be a doctor it's not what
you know, it's what you represent," said Dr Brennan, the medical
director of the sexual assault unit of South Western Sydney Area
Health Service. She said a speculum was sometimes necessary to
check for internal injuries after forced intercourse. A draft NSW
Health policy states a speculum should never be used to take
swabs until at least 24 hours had passed since the assault.
Dr Brennan said NSW should train more doctors in forensics
rather than rely on nurses to fix the shortage of medical staff to
treat sexual assault victims. It was not merely a matter of taking
samples but of being able to assess the effects of drugs and
alcohol, serious psychological conditions and injuries to other
parts of the body, she said.
Dr Nittis, a medical officer in the same unit, said there should be
no pressure on victims to photograph their body or genitals but
this should be allowed if the person agreed to it. ``Very rarely do
you get significant injuries in a rape case," she said. ``When you
do get evidence of injury, in the interest of fairness that evidence
should be brought to light." Victims needed to understand that
``in theory [photographs] can be admitted as evidence in court"
and might be seen by the perpetrator.
But Jean Edwards, the co-ordinator of sexual assault medical
services at Northern Sydney Health, and NSW's only doctor
dealing exclusively with sexual assault, said she supported most
aspects of the policy proposals. Photographic evidence was
poorly understood by juries and could easily be ruled
inadmissible, she said, and it was more important that medical
staff were able to express its significance verbally.
Dr Edwards supported training nurses, ``if you want people
who've been sexually assaulted to receive a speedy service close
to where they live".
Karen Willis, of the NSW Rape Crisis Centre, also supported the
nurse plan. ``Women are being compromised by having to wait"
to be examined, she said.
By Julie Rowbotham, SMH 3/5/04
Two of the three full-time doctors employed in NSW to treat
adult victims of sexual assault have criticised the state health
department over proposed guidelines they say would
unreasonably restrict how they take forensic samples from
patients, making rape cases harder to prosecute.
The guidelines would dictate the circumstances in which a
doctor could use a speculum for internal examinations and the
collection of swabs for potential DNA matches, and specifically
forbid taking of genital photographs.
Doctors Patricia Brennan and Maria Nittis say they should be
able to decide which examinations are medically warranted, as
long as the victim consents.
They also say a plan to train an initial 30 nurses to examine and
take forensic samples from people who have been sexually
assaulted would weigh against victims in court, because nurses
have less experience in examining women, and their testimony
would be easier for defence barristers to dismiss under crossexamination
than doctors'.
In a court case, ``you're going to want to be a doctor it's not what
you know, it's what you represent," said Dr Brennan, the medical
director of the sexual assault unit of South Western Sydney Area
Health Service. She said a speculum was sometimes necessary to
check for internal injuries after forced intercourse. A draft NSW
Health policy states a speculum should never be used to take
swabs until at least 24 hours had passed since the assault.
Dr Brennan said NSW should train more doctors in forensics
rather than rely on nurses to fix the shortage of medical staff to
treat sexual assault victims. It was not merely a matter of taking
samples but of being able to assess the effects of drugs and
alcohol, serious psychological conditions and injuries to other
parts of the body, she said.
Dr Nittis, a medical officer in the same unit, said there should be
no pressure on victims to photograph their body or genitals but
this should be allowed if the person agreed to it. ``Very rarely do
you get significant injuries in a rape case," she said. ``When you
do get evidence of injury, in the interest of fairness that evidence
should be brought to light." Victims needed to understand that
``in theory [photographs] can be admitted as evidence in court"
and might be seen by the perpetrator.
But Jean Edwards, the co-ordinator of sexual assault medical
services at Northern Sydney Health, and NSW's only doctor
dealing exclusively with sexual assault, said she supported most
aspects of the policy proposals. Photographic evidence was
poorly understood by juries and could easily be ruled
inadmissible, she said, and it was more important that medical
staff were able to express its significance verbally.
Dr Edwards supported training nurses, ``if you want people
who've been sexually assaulted to receive a speedy service close
to where they live".
Karen Willis, of the NSW Rape Crisis Centre, also supported the
nurse plan. ``Women are being compromised by having to wait"
to be examined, she said.
posted by Rob @ 9:14 AM
