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Compliance and credibility: a critique of the sexual assault forensic examination from international perspectives
Journal article

Compliance and credibility: a critique of the sexual assault forensic examination from international perspectives

Lesley McMillan, Rose Corrigan, Sameena Mulla, Gethin Rees and Deborah White
Gender and Justice, v 1(1), pp 119-139
Mar 2025
url
https://doi.org/10.1332/30333660Y2024D000000007View
Published, Version of Record (VoR) Open

Abstract

The forensic medical examination is often lauded as an effective intervention to reduce case attrition by providing evidence that supports a rape or sexual assault complaint. We show that, despite nearly universal enthusiasm for such programmes, the examination also serves as an extra-legal opportunity for criminal justice and medical personnel to assess the credibility of rape and sexual assault complainants. Drawing on five case studies from three countries, we investigate the medico-legal exam as a complicated process that helps shape case outcomes often in ways unanticipated by proponents of forensic medical examinations. We argue that through co-optation of language about choice, consent, and empowerment, and despite significant variation in procedures, protocols, and legal rules, personnel involved with the medico-legal process often use it to impose formal and informal ‘tests’ for assessing complainant credibility and to dismiss or cast doubt upon some rape and sexual assault reports.

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