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Investigating the medical forensic examination from the perspectives of sexually assaulted women

Author

Listed:
  • Du Mont, Janice
  • White, Deborah
  • McGregor, Margaret J.

Abstract

Across many jurisdictions, a key institutional response to sexual assault is centred on the collection of medico-legal evidence through a medical forensic examination (MFE). Despite the increased routinization of this practice, such evidence often is not related to positive criminal justice outcomes. As there has been little systematic investigation of the perspectives of victims regarding the MFE, we conducted semi-structured, face-to-face interviews with 19 women aged 17-46 years who had been sexually assaulted and had undergone an MFE in the previous six months at one of four specialized hospital-based sexual assault centres in Ontario, Canada. Extracts from the transcribed interviews were coded into two broad themes, 'Expectations' and 'Experiences', from which a series of lower order constructs were derived. We found that most women went to a centre to have their physical and emotional needs addressed rather than medico-legal evidence collected and were overwhelmingly satisfied with their interactions with specially trained nurse examiners. However, some women were confused about the purpose of the MFE, believing that their access to treatment hinged upon undergoing this process. Moreover, though optional, several indicated that they had been instructed to have an MFE by the police and/or nurse examiner. Most women who chose to have evidence collected did so with the hope that it would hold the assailant accountable and generate social recognition of the harm done to them. While many stated that they were distressed during the MFE, some reported feeling simultaneously empowered by the fact that the experience fostered a "sense of doing something". These findings point to the value of collecting medico-legal evidence in settings staffed with supportive practitioners who also attend to women's health related concerns. Implications with respect to issues of informed consent, revictimization, and empowerment, as well as the relative weight given to the MFE in the post-sexual assault care encounter, are discussed.

Suggested Citation

  • Du Mont, Janice & White, Deborah & McGregor, Margaret J., 2009. "Investigating the medical forensic examination from the perspectives of sexually assaulted women," Social Science & Medicine, Elsevier, vol. 68(4), pages 774-780, February.
  • Handle: RePEc:eee:socmed:v:68:y:2009:i:4:p:774-780
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    Cited by:

    1. Strom, Kevin & Scott, Thomas & Feeney, Hannah & Young, Amanda & Couzens, Lance & Berzofsky, Marcus, 2021. "How much justice is denied? An estimate of unsubmitted sexual assault kits in the United States," Journal of Criminal Justice, Elsevier, vol. 73(C).
    2. Shaw, Jessica & Coates, Victoria & Janulis, Patrick, 2020. "High rates of sexual assault kit submission and the important role of place," Journal of Criminal Justice, Elsevier, vol. 67(C).

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