Medical Examination for Rape and Sodomy Explained
www.malaysiakini.com
Dr. Sharifah Halimah Jaafar
July 23, 2008
The media reports on the conduct of the medical examination involving PKR leader Anwar Ibrahim is very confusing.
And the clarification by Hospital Kuala Lumpur director Dr Zaininah Mohd Zain (New Straits Times, July 20) did not help to clear the matter but leaves the general public to make their own interpretation which might compromise the credibility of the hospital authority or the accused person.
As a practicing clinician with some experience in examining the rape or sodomy victims or the accused persons in the past and has had testified as a witness in a number of rape trials, I would like to detail out in my knowledge of how the medical examination of the accused person in rape and sodomy cases is carried out according to the standard procedure which I believe stands until today.
Obtaining consent
The protocol is basically the same as for the victim except that the police will produce the accused. A valid consent is essential before examination in which there should not be any force or duress or fraud while obtaining consent. While the victim may have the choice not to consent for the full examination, the accused is often left no choice but to agree and comply with the order for obvious reasons.
It is the responsibility of the doctor who seeks consent to explain all aspects and the implication of his consent to the person. The doctor should be unbiased as the person produced is only an accused and not proved of the offence and hence could be innocent.
Complete privacy is essential and therefore while interrogating the person, no one should be permitted to be present in the room. The police officer could be politely requested to stay outside the room. A detail history is obtained from the suspect and it is documented in his own words. During interrogation, his behaviour, mental state, truthfulness of the statement, and evidence of intoxication with drugs or alcohol is observed and recorded.
Physical examination
The examination room should be clean with good lighting. A male nurse or a medical attendant should be present during the examination. The suspect is made to completely undress and a careful examination is carried out from head to toe, front and back for evidence of physical injuries, state of physical development and the presence of physical abnormality.
If the suspect is produced immediately or shortly after the alleged offence, then undressing has to be done while standing on a clean sheet of paper in order to collect any loose trace materials that may still be sticking to the body and clothes. The clothes should be carefully examined for the presence of seminal, blood and mud stains and any tears and the details are recorded with sketches. The cloths and the collecting paper that might have collected foreign materials such as blood, pubic hairs, etc, are then packed into clean paper bags and forwarded to the police to be sent to the analytical laboratory.
The injuries may be present if there had been a struggle. Scratch abrasions caused by finger nails are to be looked for on the face, neck, back of chest, trunk, buttocks and upper limbs. There may be contusions present on the suspect caused by fingertips, pinching, punching or kicking during the struggle.
The colour changes that occur in surface contusions will be useful in making a rough estimation of the age of the injury and this will be helpful in corroborating with the date of the alleged offence. If marks or injuries due to bites are present, the assistance from the forensic odontologist will be sought for, if necessary.
The private part or external genitalia of the accused is carefully examined. The development of the penis, its size (measurement will be taken), circumcised or not, whether the foreskin is retractable, development of the testicles and any other abnormalities are observed and recorded. Evidence of other injuries will be looked for as well.
The foreskin of the penis will be retracted and the frenulum (the bridge at the base of the glans penis) is examined as this is an area that can be injured during violent intercourse. We also look for swelling, tenderness and damage to the glans penis especially towards the rim of the glans penis. The testicles will be palpated for evidence of haematoma, hydrocele or tenderness if there is trauma and evidence of sexually transmitted diseases will be looked for and recorded in detail.
Issue of potency
If an issue is raised as to the potency of the suspect then this matter should be resolved by a thorough clinical examination. Initial examination will reveal whether there are any anatomical abnormalities that contribute to impotence. General clinical examination will exclude any systemic diseases or neurological disorders that contribute to impotence.
A psychiatric assessment of the suspect may become necessary if it is thought that emotional and psychological factors might contribute to the male impotence. Forcing the suspect to ejaculate by masturbation as a proof of potency is certainly unacceptable and unethical. The capability to ejaculate by masturbation does not prove potency and has no bearing in the alleged offense of rape or sodomy.
Collection of specimens
If the case is a fresh case, foreign materials sticking to the body or stains on the skin is collected into a clean envelope or bottle. The pubic area will be combed to locate loose hair, which may be from the victim and this is collected into a clean envelope. About 20 pubic hairs are plucked and collected separately, which may be needed for comparison. Swab is taken from the glans penis to look for the presence of vaginal epithelium in the case of rape or rectal mucosa in the case of sodomy. If necessary, finger nail clippings are obtained to look for tissues or blood belonging to the victim.
Specific precautions have to be taken in collecting, storing and transmitting the specimens to the analytical laboratory or chemistry department. The specimens have to be correctly labeled and forwarded to relevant analytical laboratories by the police without any delay.
Undue delay on the part of the police to deliver the specimens to the laboratory (which many times is the case) may result in the specimens becoming unsuitable for analysis. It is possible to make some arrangements to forward the specimens, provided the continuity of evidence and credibility of the force forwarding the specimen is maintained.
It is important that the doctor should always remain unbiased and his report should be based on the available facts. There is no place for speculation and no conclusion to be drawn from vague or unascertainable facts. It is a legal principle that the benefit of doubt should always be given to the accused.
DR SHARIFAH HALIMAH JAAFAR is senior lecturer and consultant obstetrician and gynaecologist at University Kuala Lumpur Royal College of Medicine, Perak.
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You cannot subject any ordinary law abiding citizen to such humiliation. Anwar Ibrahim is a former Deputy Prime Minister and Finance Minister. His rights like ours should not be violated. In his case, politics comes into play because he has the potential to be the Prime Minister of our country. The continuing harassment and intimidation of the de facto PKR leader must stop.
dinobeano - July 23, 2008 at 7:41 am
this article tells us the standard procedure for cases concerning rape or sodomy.Anwar is a suspect right now so he to have to undergo standard procedure no matter if he feels himself guilty or not.
river - July 23, 2008 at 7:59 am
Hey river,
What suspect? Where is the corroborative evidence? Where is the police report? Where are the witnesses? Anwar is a victim of a smear campaign. If a medical examination was indeed required, it should have been done on the very day the ‘victim’ lodged the report, which perhaps is non-existent. Friend, you are one of a kind.
___________
Mr. Smith, river is “not one of a kind”. He is among the many of the same kind unable to think and react rationally. Unfortunately, we have to tolerate such types in our midst.The redeeming grace for the man is that he is very entertaining as a joker.—Din Merican.
Mr Smith - July 23, 2008 at 8:33 am
The question here, Mr River, is not about standard procedures. It’s about dignity, decorum and, above all, respect.
Dr Shariffah has rightly said that “the benefit of doubt should always be given to the accused.” How could the benefit be given to the “accused” if he was shunted around like a common criminal and bludgeoned into submission even before he could say “Jack Robinson”?
Do you need a crack Police team to apprehend the “accused”? This is not a Mel Gibson movie.
Fathol Zaman - July 23, 2008 at 8:51 am
Perhaps River should let the doctors examine as if he was in the shoe of Anwar and see how he feel! Talk is free!
eeyaw - July 23, 2008 at 9:13 am
Let Mr River tell us how he would react if he was alleged to have committed sodomy by his opponents with political power and then asked to subject himself to be stripped naked for the so-called DNA test. What Mr. River lacks, I think, is empathy (please refer to the Oxford Concise Dictionary to find out the word means).
Mr. River must either be very confident to think that based on the 1998 episode, he can trust the government and the Police or he is foolhardy to accept assurances by Badawi, Alblur and others that the Police and the doctors in KLGH will be professional.
My advice to Anwar Ibrahim was that he should not be misled a second time and that he should give the government an empathic “No Way”. That was precisely what he did. He and his lawyers are waiting for the next move from Badawi and gang; yes that right, gang is the word for these politicians who have nothing better to do.
dinobeano - July 23, 2008 at 9:52 am
Whatever the police was doing was pretty much clear to most of us. The problem lies with people who could not make conclusions and deductions based on facts available. The big word is FACTS not what the PM,TPM, Al-Blur or the police said.
People like Mr. River should think a bit more before parroting what he reads or listen in the MSM.
Din Ahmad - July 23, 2008 at 9:55 am
They dare not even produce a copy of Saiful’s police report against Anwar Ibrahim whose dignity and manhood being subject to humiliation. He is already found guilty until proven innocent? Where’s the rule of law in this country?
Why is this mischief accuser being hidden away under ‘police protection’ while his father made written statements warning Anwar through his lawyer? Why is he avoiding the press and interested Malaysians? Has he lost his voice or what, or is it on the advice of Saiful’s “advisor” the Deputy Prime Minister Najib?
River, if you have nothing intelligent to say, no one is going to call you a mute! Plato once said: “Wise men talk because they have something to say; fools, because they have to say something”.
_________
Good rebuttal, jong. I think, Mr. River belongs to Plato’s second category. —Din Merican
Jong - July 23, 2008 at 9:59 am
Din,
Empathy is a non-existent commodity among BN component parties. And mind you, some of them were Anwar’s buddies at one time.
Do you believe if I tell you that my wife grieves for Wan Azizah and her children?
She feels their pain and sorrow.
“Why”, she asks “have they to through this shoddy rigmarole all over again. Why are the Malays in UMNO so heartless!”.
How do I answer her, Din.
Mr Smith - July 23, 2008 at 12:02 pm
In the First Fitnah, the Police acted unethically and nearly killed Sdra Anwar.
In this Second Fitnah it is further affirmed such characteristics do not in any remote way.
Their not extending a copy of the public document in the form of the Police Report, (til now?) within reasonable time 0f 24 hours is subversion of due process.
The request to ask for another blood sample to establish a profile of Anwar’s Deoxyribonucleic Acid when one is already on record is untenable.
The manner of arrest to seek Anwar’s compliance to provide information is a blatant display of malicious intent as in the confusion a gun could have gone off and the Police would have it was an accident which justify an old wive’s tale that dead men no tell story, one!
The disgraceful treatment the night of the arrest by not extending a simple curtesy a minimum cardboard paper for Anwar to rest is further affirm public perception that Police brutality knows no bounds of a little humanity to a former Deputy Prime Minister.
And lastly, Kemeja Biru really brutally sux!
Salak - July 23, 2008 at 12:29 pm
Ooops!
Should read as:
BUT this may not apply to honest Policemen who took no part in such acts against Sdra Anwar.
Salak - July 23, 2008 at 12:38 pm
“They dare not even produce a copy of Saiful’s police report against Anwar Ibrahim whose dignity and manhood being subject to humiliation.” Jong
I can understand ‘dignity’ – but ‘manhood’??
If the game of rugby separates the men from the boys, then it is clear where Anwar stands.
Mr Bean - July 23, 2008 at 2:18 pm
“How do I answer her, Din.” Mr Smith
First, I would tell her to switch off the TV.
Second, I would advise her to show more affection to her husband when in public.
Third, she should personally select members of her husband’s personal entourage and limit them to tudung clad middle aged happily married women.
Mr Bean - July 23, 2008 at 2:28 pm
“Has he (Saiful) lost his voice or what…?” Jong
From his addiction to large quantities of cappuccino, perhaps??
Mr Bean - July 23, 2008 at 2:31 pm
Did Saiful undergo the same procedures as described by Dr Sharifah? Did they strip him, measure his male member, his anus for wear and tear, collect all the evidence, stains and all that other crap? Was Saiful stripped naked? Did the Dr Look up into Saiful rear end to determine entry?
As an alleged victim he needs to be properly inspected from head to toe to determine that what he alleges did really take place. He alleges he was done 8 times before reporting it. Why that many times before reporting it? Perhaps he enjoyed it. If so who knows how many Johns have been up his rear. I for one can’t believe that he will allow someone to do him 8 times before reporting the act.
semper fi - July 23, 2008 at 2:47 pm
“The manner of arrest to seek Anwar’s compliance to provide information is a blatant display of malicious intent as in the confusion a gun could have gone off and the Police would have it was an accident which justify an old wive’s tale that dead men no tell story, one!” Salak
Malicious intent? I wouldn’t go that far.
Prosecution could not start without there first being an arrest – let alone malicious prosecution. An arrest is executed with the policeman placing his hand on the body of the person to be arrested. The policeman does not have to yell at him, use a megaphone perhaps or worse put a Magnum .38 to his head!. Just a placing of his hand on the body of the person would do to serve as notice to him that he is under arrest.
Why is it so very important that he knows he is under arrest? Why bother to tell him? Common sense tells him he is under arrest when he is not allowed to leave.
Well, it has everything to do with his right at common law known as the right against self-incrimination which translated into lay language means that anything you choose to blab out can be used as evidence against you during trial. Otherwise, just shut up!
Malaysian police, however, does not practice the Miranda warning that we see on TV or in the movies. Everybody is familiar with the Miranda warning which got its name after a U.S. Supreme Court decision in the case of Miranda v. Arizona. (1966). If we are not familiar with the name Miranda, we know how it sounds like:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you.’
In some jurisdictions, the use of the Miranda warning is mandated by law. Forgetting to give the warning would mean that evidence given would not be admissible later. It is only fair that the person under arrest have his rights read out – and read out loudly to him.
With an UMNO foot soldier jumping three times over the heads of his peers to become CJ what chances do ordinary folks have of seeing the equivalent of the Miranda warning made into a standard operating procedure?
Nil. Zero. Zilch!
Mr Bean - July 23, 2008 at 3:27 pm
No, Bean I meant Saiful’s dad. Is he in hiding too like his son?
The press and rakyat wants to meet him but he is only issuing statements through his lawyers, why?
Beankadok - July 23, 2008 at 3:36 pm
What we saw that day was the arrogant use of police power to try and send a message to all and sundry i.e. that the same will happen to you should you try to challenge their power.
How could you otherwise justify the use of men in balaclava in ten unmarked police cars just to arrest a 61 year old man returning home for his daily diet of nasi kandar??
Mr Bean - July 23, 2008 at 3:42 pm
Mr Bean,
In Malaysia Miranda is the pink drink. Malaysian policeman only know how to say “Jangan bergerak, hampis sini” or Don’t move, come here. How can a suspect keep still and move towards the policeman? Pathetic.
Jumping or leap frogging over three others is one thing. How can he be the CJ when he himself does not understand the laws in Malaysia about getting married in Thailand and not registering the marriage in Malaysia. You have to be clean and learned to be a judge let alone the CJ. Successful lawyers won’t accept judge positions unless there is a hidden agenda.
semper fi - July 23, 2008 at 3:42 pm
Beankadok? Malaysian version of Mr. Bean??
Mr Bean - July 23, 2008 at 3:43 pm
Fren of Pak Kadok!
confused?
Beankadok - July 23, 2008 at 3:45 pm
OK be serious before Din kick us all out.
Do you truly believe Saiful’s dad issued those warnings to Anwar? Not from his Advisor?
Jong - July 23, 2008 at 3:47 pm
“The press and rakyat wants to meet him but he is only issuing statements through his lawyers, why?” beankadok
A man with a lawyer who is not even under arrest for any crime, has a lot to hide especially the identity of the man who pays his lawyer.
Mr Bean - July 23, 2008 at 3:51 pm
Did I read somewhere it was said – to justify the money spent purchasing those balaclava attire.
Jong - July 23, 2008 at 3:51 pm
Same for PI Bala, right? He changed his lawyers like changing his clothes! Someone must be paying those lawyers!
Jong - July 23, 2008 at 3:53 pm
They change their lawyers as often as they change their underwear – which is not very often.
Mr Bean - July 23, 2008 at 3:57 pm
It’s bad to say they don’t have x-wear under them!
Last I heard, they use Salak Gear!
Salak - July 24, 2008 at 3:49 am
The medical examination, as detailed in the article, serves no purpose as whatever traces of specimen from the victim would not be left on the suspect as it was a two (?) weeks since the police report.
The fact that the police report was lodged a few days after the incident also meant little evidence/specimen from the suspect is left on the victim as foreign biological specimens to the body will be destroyed quickly by the body’s natural defense system. As for external specimens like pubic hair, it is unlikely there anymore unless the victim did not bath and kept on the same underpants until his hospital checkup.
It is also strange that the police did not verify or question the authenticity of the report from any preliminary evidence which may be gathered from the victim whether through an oral interview or medical examination. As it involves personalities, it is clear that the police did not act impartial and ‘appears’ to taking sides with the aide, accepting wholesale his story. He must be either very convincing with the police or some evidence came up during the examination which led the police to arrest DSAI.
Also, one wonders if the police, considering them to be neutral party in the matter, investigates the possibility of a political motive as revealed by the meeting with the DPM before the report was lodged. Did they even call in the DPM as to what the meeting was all about or just again take his words as face value.
Are these not clear for all to see.
msleepyhead - July 24, 2008 at 11:22 am
Salak - July 24, 2008 at 2:29 pm
Salak,
Do you know who she is??
“PAS youths slam ’sexy’ Indonesian singer
Jul 24, 08 3:03pm
‘Just watch her videos on YouTube website and you will see what I mean. It is too sexy, erotic even and not suitable for Malaysians,’ said a PAS leader.” MALAYSIAKINI
Mr Bean - July 24, 2008 at 3:10 pm
We are reminded by PAS leaders of the role played by Eve (or Hawwa) in the Quoranic Genesis (which is the same as the Christian one). But then who is the Snake. He cannot be Samy Velloo??
Mr Bean - July 24, 2008 at 3:13 pm
Bro. Din, why didn’t PKR boys do some background checking on this Sinful Saiful’s family. I understand he is from Janda Baik . Manalah tahu terjumpa ‘cerita2′ yang menarik. For starters, plse check the father’s background. We cannot play by the rules any more !!!
It was very distasteful when I saw the statement konon2 nya dari bapa of this Sinful Saiful.
ariffin abdullah - July 24, 2008 at 4:14 pm
So this confirms what Anwar has explained in his press conference. Which also means the KL Hospital director most likely lied about Anwar being stripped.
But my question is that why the victim is not subject to full medical examination.
If this is so simple can I go make a police report alleging Najib sodomized me? Does it also mean why while I only provide report Najib would be made to undergo a strip test?
suresh - July 24, 2008 at 6:17 pm
Interesting, what about him arrifin?
Is he malu or camera shy? Lost his tongue? Or is he under instructions from “Advisor” to keep away from the press and Malaysian public lest he spills more beans?
What kind of a father is the man, to have brought up a son turned “spy” and “wh**e” with tattered butt? Has the father ever taught his son the meaning of ‘maruah’?
Jong - July 25, 2008 at 1:34 am
Bean
She is Inul Daratista. Google or find her on YouTube
semper fi - July 25, 2008 at 6:08 am
Bean,
Here’s a good title for your next movie “Revenge of the Boroscope” Sell this to Law and Order Special Victim Unit. USA Network always says Characters welcome.
semper fi - July 25, 2008 at 8:30 am
Thanks semper fi,
If she were a horse, I sure would like to ride her!!
Mr Bean - July 25, 2008 at 1:29 pm
Bean
Take a number. You will also need special saddle to ride this horse. She is one hot pony.
semper fi - July 25, 2008 at 2:08 pm
Jong, it is obvious this Sinful Saiful is a ‘goner’. Melibatkan diri dalam ’scam’ ini ternyata perwatakan nya adalah lebih buruk dari bina….ng!!! kerana inginkan kemewahan.
As I have mentioned before, PKR boys should some ‘digging’ on the family’s ’shit’ ie the father, mother, sister or uncle. Definitely, you can find some. Expose them. Barulah ada ‘rebuttal’. Regards.
ariffin abdullah - July 26, 2008 at 2:30 am
Ariffin,
No that’s below the belt already. PKR must keep to fair play, only hit back where necessary. Attacking the father is ok because he came out ‘warning’ Anwar but then, was it true that he personally said that? It was a written one, remember? And read by the lawyer.
That was why I asked for the father to come out in the open. He may be an illiterate guy or a dadah bum out to make some money just like his son is. Why is he in hiding?
Thanx for the response.
Jong - July 26, 2008 at 2:56 am
Jong, can appreciate your comment. But, in this business there is no such thing as ‘ below the belt’ or fair play. These goons are ‘UNCIVILIZED’ lot. They are capable of selling or raping their mothers if it need be. Regards
ariffin abdullah - July 26, 2008 at 9:13 am
Jong, ariffin,
By RPK’s latest expose’ the bapa is a Fix-It mister.
If you dropped a hammer or an anvil on his fingers or hands, that won’t be nothing out of the way!
Salak - July 26, 2008 at 3:17 pm
Do you know who she is??
“PAS youths slam ’sexy’ Indonesian singer
Jul 24, 08 3:03pm – Bean
Sorry, Man! I must be out of touch!
Maybe the PAS guys have too little of the forbidden fruit!
Or Worst, not getting any!
Salak - July 26, 2008 at 3:44 pm