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从遭受性侵犯女性的角度调查法医检查。

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

作者信息

Du Mont Janice, White Deborah, McGregor Margaret J

机构信息

Women's College Research Institute, Women's College Hospital, 790 Bay Street, Toronto, Ontario, Canada.

出版信息

Soc Sci Med. 2009 Feb;68(4):774-80. doi: 10.1016/j.socscimed.2008.11.010. Epub 2008 Dec 16.

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.

摘要

在许多司法管辖区,对性侵犯的一个关键机构应对措施是以通过法医医学检查(MFE)收集法医证据为核心。尽管这种做法越来越常规化,但此类证据往往与积极的刑事司法结果无关。由于很少有对受害者关于法医医学检查观点的系统性调查,我们对19名年龄在17至46岁之间的女性进行了半结构化的面对面访谈,这些女性曾遭受性侵犯,并在过去六个月内在加拿大安大略省四个专门的医院性侵犯中心之一接受了法医医学检查。转录访谈的摘录被编码为两个宽泛的主题,即“期望”和“经历”,由此得出了一系列较低层次的结构。我们发现,大多数女性前往中心是为了满足她们的身体和情感需求,而非收集法医证据,并且她们对与经过专门培训的护士检查人员的互动非常满意。然而,一些女性对法医医学检查的目的感到困惑,认为她们能否获得治疗取决于是否经历这个过程。此外,尽管法医医学检查是可选择的,但有几位表示她们是被警察和/或护士检查人员指示进行法医医学检查的。大多数选择收集证据的女性这样做是希望这能让攻击者承担责任,并使社会认识到对她们造成的伤害。虽然许多人表示她们在法医医学检查过程中感到痛苦,但一些人报告说,同时因为这种经历带来了一种“有所作为的感觉”而感到有力量。这些发现指出了在配备支持性从业者且关注女性健康相关问题的环境中收集法医证据的价值。文中还讨论了在知情同意、再次受害和赋权问题方面的影响,以及在性侵犯后护理过程中对法医医学检查的相对重视程度。

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