Soutoul J H, Froge E, Bizouarne C, Pierre F, Aglan A
Centre d'Urgence et d'Accueil des Victimes d'Agressions sexuelles de la Clinique Gynécologique Universitaire du Beffroi, Tours.
J Gynecol Obstet Biol Reprod (Paris). 1988;17(7):811-24.
The gynaecologist-obstetrician may be the medical witness who has to give evidence about the extent of the initial trauma after the presumption of a sexual assault on a victim who comes to consult him, or as an expert witness. The certificate that he gives at the time of the first consultation is an essential document for the examining magistrates who have to decide whether there has been an offence. It is also a very great help to support the brief for the lawyers in a civil action taken by the victim, who is claiming damages as compensation for physical or psychological damage resulting from the sexual abuse. The authors reported it useful to look through 64 case documents that were considered in 11 years. They studied the differences in the penalties that were awarded for criminal offences and the sums of money for indemnity that were awarded in civil cases. These were before the new law concerning rape was passed on the 23rd December 1980, and after this law had been applied. It tends to improve the position for the victim in civil cases and increases the sentences that can be passed for aggravated rape (as on a minor by an adult, or in particular somebody who has a position of responsibility to the child). The authors point out especially how important it is to take note of sexual precocity and to have a detailed account of the first investigations carried out after the sexual assault. These can be used to make the sentences differ and to make it possible to increase and widen the awards given to compensate the victims. As far as civil action is concerned, as there is usually a fixed scale for every regional Court of Assizes according to a definite formula, it is advisable according to the authors that the initial expert assessment presented by the magistrates should establish in its conclusions the details of the indemnity to be considered by professional judges of the Assize juries. They should take particular notice of added injuries that are not physical and are often not considered, such as pain and suffering, loss of pleasure and the aesthetic, the sexual, the obstetrical and the moral as well as the juvenile points of view. In certain cases ad full medical assessment presented before the end of the case will help the professional judges of the jury of Assizes who have to give judgment in a civil action by giving them information that will support the true interests of the victim.
妇产科医生可能成为医学证人，需要就前来咨询的性侵犯受害者的初始创伤程度提供证据，或者作为专家证人。他在首次咨询时出具的证明，对于必须决定是否存在犯罪行为的预审法官来说是一份重要文件。这对于支持受害者提起民事诉讼要求赔偿性虐待造成的身体或心理伤害的律师的辩护也有很大帮助。作者报告称，查阅11年间的64份案件文件很有用处。他们研究了刑事犯罪所判刑罚与民事案件所判赔偿金额的差异。这些研究是在1980年12月23日关于强奸的新法律通过之前以及该法律实施之后进行的。这往往会改善受害者在民事案件中的处境，并增加对加重强奸罪（如成年人对未成年人实施强奸或对儿童负有责任之人实施强奸）可判处的刑罚。作者特别指出，注意性早熟情况以及详细记录性侵犯后首次进行的调查非常重要。这些可用于使量刑有所不同，并有可能增加和扩大给予受害者的赔偿金额。就民事诉讼而言，由于通常每个地区刑事法庭都有根据特定公式确定的固定赔偿标准，作者认为，预审法官提出 的初步专家评估结论应确定刑事法庭陪审团专业法官应考虑的赔偿细节。他们应特别注意那些非身体上的、往往未被考虑到的额外伤害，如痛苦折磨、愉悦感丧失以及美学、性、产科和道德方面以及青少年视角等问题。在某些情况下，在案件结束前提交全面的医学评估，将有助于刑事法庭陪审团的专业法官在民事诉讼中做出判决，为他们提供支持受害者真正利益 的信息。
