INJURIES ASSOCIATED WITH SEXUAL ASSAULT

• Jurisdiction: Australia

Consenting versus non-consenting intercourse ........................................... [41B.800]

Penetration of the genitalia ........................................................................... [41B.820]

Genital injuries associated with sexual assault ............................................ [41B.840]

Hymenal injury .............................................................................................. [41B.860]

Penetration of the mouth .............................................................................. [41B.880]

Penetration of the anus ................................................................................ [41B.900]

Injuries associated with sexual assault ......................................................... [41B.920]

[41B.800] Consenting versus non-consenting intercourse

Many different forms of sexual acts occur within a consensual sexual relationship and considerable variations of what is regarded as a sexual "norm" exist. There is a relative paucity of data regarding the incidence of genital injuries in consenting sexual intercourse. A sexual act becomes a sexual assault if consent is not possible, has been removed, withheld or falsely provided; that is, that consent is absent.

The physical examination of sexual assault victims may help determine whether penetration has occurred but in almost all circumstances, a presence (or the absence) of an injury cannot address the issue of consent. That is, there are no genital injury patterns that allow specific determination of whether the sexual act was consensual. Points to note include:

• consenting genital contact/intercourse can cause injuries; and
• non-consenting genital contact/intercourse may not cause injuries; and the presence of genital injuries beyond the labia majora generally implies that penetration has occurred.

[41B.820] Penetration of the genitalia

The entrance to the vagina (vaginal vestibule) is considered to be beyond the labia majora in legal terms. Injuries seen beyond the labia majora are considered indicative of penetration of the vagina.

Bruising, lacerations or abrasions (or other injury) to the genital area indicate the presence of trauma. Establishing the source of trauma is notoriously difficult. Unless there is recovery of part of the object used (eg, paint from an inanimate object), it is almost impossible to identify the exact nature of blunt trauma or differentiate between a finger, a penis or an inanimate object. Injuries from...