(a) Image of “Stop Rape” sign
(Source: www.therumpus.net)

Introduction

Understanding Rape

As per Act 574 Section 375 of the Penal Code, rape occurs when a man engages in sexual intercourse with a woman under specific circumstances, including:

The law also addresses cases where husbands use force or threats to engage in sexual intercourse with their wives during marriage under section 375A of the Penal Code.

Examples of Rape:

Understanding Sodomy

Sodomy, governed by sections 377A and 377C of Act 574 of the Penal Code, involves the following:

377A: Committing sexual intercourse against the order of nature, such as inserting the penis into the anus or mouth of another person.

377C: Engaging in carnal intercourse against the order of nature against a person’s will or by using threats of harm, resulting in imprisonment, and whipping as punishment.

Do’s and Don’ts for Victims of Rape and Sodomy:

Do’s:

1. Stay calm and remember that the assault is not your fault.
2. Seek safety and reach out to someone you trust for support.
3. Report the incident to the police immediately.
4. Undergo a medical examination promptly to preserve evidence against the perpetrator.
5. Seek professional help to cope with emotional trauma and ensure your safety and well-being.

Don’ts:

• Do not delay reporting the incident or seeking medical help for more than 48 hours.
• Avoid taking a shower before a medical examination.
• Refrain from changing clothes or disturbing the crime scene.
• Avoid brushing your teeth, eating, or drinking before the examination.
• Do not go alone; bring along trusted companions to visit the doctor or the police.

The Role of Forensics in Handling Rape and Sodomy Cases

Importance of Evidence in Legal Proceedings:

The evidence obtained from forensic clinical examinations and analysis plays a vital role in the pursuit of justice. It can prove crucial in convicting perpetrators of rape or sodomy crimes, leading to appropriate sentences under the law. The meticulous and comprehensive forensic clinical examination and evidence collection play a crucial role in rape and sodomy cases. The valuable evidence obtained from these examinations, along with analysis, can significantly contribute to the conviction of perpetrators and the pursuit of justice.

Section 376 of Act 574 of the Penal Code deals with rape offenses, while Section 377B addresses sodomy offenses committed by engaging in carnal intercourse against the order of nature. Under the provisions of Section 376 of Act 574 of the Penal Code, offenders can be sentenced for rape, while Section 377B addresses sodomy offenses, resulting in a conviction for committing carnal intercourse against the order of nature.

Forensic Clinical Examination:

Forensic Clinical examination is a critical process aimed at obtaining essential evidence from specific parts of the body to support investigations in cases of rape and sodomy. The examination commences with a comprehensive physical examination, typically conducted in the Emergency Department. Depending on the nature of the assault, the victim may be referred to a specialist in Obstetrics and Gynaecology for rape cases or to a Surgeon in the Department of Surgery for sodomy cases. Forensic experts are consulted when there are bodily injuries or specific aspects that require their expertise.

The following outlines the areas of sampling and the corresponding forensic evidence collected during the examination:

Consent and Permission of the Victim:

Before any forensic examination takes place, the Forensic Medicine Specialist must thoroughly explain the process to the victim, ensuring full comprehension and voluntary consent. This process is of utmost importance and must be conducted in a compassionate and supportive manner. Consent should be obtained freely and without any form of coercion. In cases where the victim is under 18 years old but capable of decision-making, their consent is still necessary.

The right to have a trusted guardian, attorney, or support person present during the examination is essential to ensure the victim feels comfortable and supported throughout the process.

Role of Forensics in Handling Rape and Sodomy

In cases of rape and sodomy, the role of forensic professionals is pivotal in ensuring that justice is served and that victims receive the appropriate support and care. The following points outline the vital responsibilities of forensics in handling these sensitive cases:

1. Ensuring Correct Specimens and Evidence Collection:

   Forensic experts must meticulously collect specimens and evidence using proper techniques during examinations. This includes gathering physical evidence from the victim’s body, clothing, and the crime scene, and conducting thorough medical examinations to document any injuries or signs of sexual assault.

2. Preserving All Potential Evidence:

   Every piece of potential evidence is crucial for building a strong case. Forensic professionals must ensure that nothing is overlooked or neglected during the examination process. This includes preserving any DNA, fluids, or trace evidence that may be relevant to the investigation.

3. Maintaining Proper Sample Handling:

   To avoid contamination, it is essential to handle samples with extreme care. Forensic experts must adhere to strict protocols when collecting, labeling, and storing samples, ensuring the integrity of the evidence for accurate analysis.

4. Safely Transporting Samples to the Laboratory:

   The safe transportation of samples to the laboratory is critical to maintain their viability for analysis. Proper packaging and chain-of-custody procedures must be followed to ensure the samples are not compromised during transit.

5. Providing Relevant Information to Laboratories:

   Forensic professionals play a vital role in relaying important information to the laboratories responsible for analysing the evidence. Clear and accurate communication is essential for the interpretation of results and providing valuable insights into the case.

6. Preparing Forensic Clinical Examination Reports:

   Following the examination, forensic experts must compile comprehensive reports detailing their findings and observations. These reports serve as crucial documentation for the legal process and are instrumental in supporting the enforcement of the law.

Women’s Centre for Change (WCC)

The Women’s Centre for Change (WCC) is an esteemed non-profit organization dedicated to providing vital support and empowerment to victims of rape and other forms of violence. With a strong commitment to eliminating violence against women, empowering women and children, and promoting gender equity and social justice, WCC plays a crucial role in assisting survivors on their path to recovery and seeking justice.

Emotional and Psychological Support for Rape Victims:

Recognizing the profound physical and psychological trauma experienced by rape victims, WCC extends essential emotional support to help survivors cope with their distressing experiences. Trained professionals at WCC create a safe and supportive environment, offering a compassionate space for survivors to share their feelings and emotions without judgment.

Court Support for Legal Proceedings:

Navigating the legal system can be intimidating and overwhelming for rape victims seeking justice. WCC stands by survivors during court proceedings, providing invaluable court support. Trained advocates from WCC accompany survivors to court, offering guidance, information, and emotional support throughout the process. This ensures that survivors’ rights are upheld, and their voices are heard during the legal proceedings.

One Stop Crisis Center: Policy and Guidelines for Hospitals, Ministry of Health, Malaysia

One Stop Crisis Center: Policy and Guidelines for Hospitals, Ministry of Health, Malaysia, published in July 2015, is an official guideline for managing victims of rape, sodomy, abuse, and other domestic violence cases in Malaysia. This policy plays a crucial role in streamlining the response to such incidents, ensuring victims receive prompt and comprehensive support and care.

The One Stop Crisis Center (OSCC) is an integrated multi-agency service established within the Ministry of Health’s Emergency and Trauma Departments (ETD) to manage survivors of domestic violence, sexual assault, child abuse, and neglect. OSCC provides comprehensive care, including documentation, examination, and evidence management. The service is offered at three levels: initial hospital management, follow-up, and rehabilitative programs with various agencies and legal proceedings.

OSCC operates under the guidance of a multidisciplinary team, including departments like Emergency, Obstetrics and Gynecology, Pediatrics, Surgical, Forensic, Psychiatric, and relevant NGOs. Survivors are treated with compassion, privacy, and respect, with efforts to preserve evidence and ensure appropriate care. OSCC’s components encompass rape and sexual assault, child abuse and neglect, sodomy, and domestic violence. This policy aims to provide guidance for healthcare providers, hospital managers, and policymakers while ensuring the holistic care of survivors.

Key Components of the One Stop Crisis Center Policy:

The roles of specific personnel in managing cases at the One Stop Crisis Center (OSCC) involve a multidisciplinary approach:

1. Emergency and Trauma Department: Responsible for initial management, including triage, history-taking, examination, stabilization, treatment, and evidence collection (excluding vaginal examination). Evidence is managed and handed to the police officer while coordinating referrals.

2. Obstetrics and Gynecology Department (O&G): Primary team for alleged rape and female child sexual assault survivors, including examination, evidence collection, treatment, and medicolegal documentation. May assess female perpetrators.

3. Pediatric Department/SCAN team: Manages suspected child abuse and neglect, evaluating impact, ensuring child safety, assisting with protection reports, and coordinating rehabilitation.

4. Surgical Department: Manages sodomy survivors and assesses alleged sodomy perpetrators.

5. Forensic Department: Consulted for fresh/acute cases requiring evidence management. Forensic specialists with clinical forensic subspecialty may oversee medico-legal management.

6. Psychiatric Department: Provides early psychological support to survivors and family members.

7. Medical Social Services and Counseling Unit: Offers early psychological and social support to survivors and families.

8. Social Welfare Department: Ensures general social welfare of survivors and acts as child protector for suspected child abuse/neglect cases.

9. Royal Malaysian Police: Accompanies survivors with police reports, receives new reports, preserves evidence chain, protects survivors from harassment, and procures protection orders.

10. Non-Governmental Organizations (NGOs): Assist in survivor management through counseling and shelter. Provide information on supportive organizations within their network to hospitals handling OSCC cases.

Conclusion

The issue of rape and sodomy remains a significant concern in society, despite efforts by law enforcement. It is imperative for individuals to be knowledgeable about the appropriate actions to take in such distressing situations. Clinical forensic examination also plays a pivotal role in obtaining crucial evidence for legal proceedings, ensuring justice for victims. The Women’s Centre for Change (WCC) serves as a beacon of support for survivors, offering emotional and court support throughout their journey.

The One Stop Crisis Center (OSCC) policy serves as a comprehensive framework that guides healthcare providers, hospital administrators, and policymakers in effectively managing cases of sexual violence and abuse. By providing a well-coordinated approach involving various departments and organizations, OSCC aims to provide holistic care and support to survivors, ensuring their physical and emotional well-being.

Combating rape and sodomy requires a collective effort from society, law enforcement, healthcare professionals, and support organizations. By raising awareness, implementing standardized policies, and offering compassionate care, we can work towards a safer and more just society for survivors of sexual violence.

 References

1. Laws of Malaysia, Act 574, of the Penal Code (Amendment 2014)
2. Recent Rape / Sexual Assault: National Guidelines for Referral and Clinical Forensic Examination in Ireland 3rd edition 2014.
3. The Merrill D. SMITH, Encyclopaedia of Rape, 2004, London.
4. Standard Operating Procedure OICC, to be published.
5. WCC website (http://wccpenang.org/violence-against-women/rape/)