Number of rape victims examined by male doctors branded 'outrageous'

WOMEN who have been raped are being forced to undergo intimate examinations by male doctors despite requesting that the procedure is carried out by female medical staff.

Campaigners say that a chronic shortage of female police surgeons is placing victims in a position where, little more than an hour after being raped, they must either allow a man to question and physically examine them or endure the trauma of waiting a day or more for the first available woman examiner.

Those who wait are unable to wash or bathe because they risk destroying crucial forensic evidence. The longer the delay, the increasing likelihood that evidence will be lost.

Despite an outcry over poor treatment of rape victims in court and a conviction rate of just 4-per cent, a Sunday Herald investigation into provision for rape victims immediately following their ordeal has revealed startling shortfalls in care.

A survey of Scottish police forces has found that Dumfries and Galloway has no female police surgeons. Clear evidence of a "police lottery" emerged, but in all force regions - with the exception of Fife which only has one full-time police surgeon - female examiners are in the minority.

Almost every police force admitted it was not always possible to meet a woman's request to be examined by a female doctor. Most said another force area may have to be contacted before a female examiner was found or that a local female doctor with no specific forensic experience could be called to attend. One said it may be up to 24 hours before a rape victim could be accessed.

Senior police surgeons have also told the Sunday Herald that rape victims are better served in Lothian and Borders than they are in Strathclyde because of access to specialist medical equipment.

Sandy Brindley, national development worker with Rape Crisis Scotland, described the arrangements as "outrageous".

"This is the issue that women consistently raise with us as being particularly distressing, " she said. "You could be talking about being examined within an hour of being raped and so the last thing they want is to be touched by a man.

"If you have someone who is specially trained and the right gender, common sense tells you that a woman is more likely to be relaxed and be able to give better evidence. It's outrageous that in 2005 we can't do something as basic as giving women who have been raped access to a female doctor." As part of the forensic examination, victims are asked to say when they last had consensual sex, whether they have a history of sexual diseases and to undergo a complete physical inspection for hidden injuries or bruising.

Height and weight measurements are taken, as are head and pubic hair samples, swabs from the anal and vaginal areas, fingernail scrapings and blood samples for DNA and toxicology.

Five of Rape Crisis Scotland's eight regional centres said that none of the women who had contacted them in the past month had been examined by a female doctor.

The lack of provision is fuelling the fear that women who are particularly distressed at the prospect of being examined by a man may drop charges altogether. It comes at a time when Scotland has the second lowest conviction rate for rape in Europe.

Brindley urged Scotland to follow the lead of England in setting up specialist Sexual Assault Referral Centres (Sarcs), one-stop units where victims receive medical care, counselling and can assist a police investigation.

Facilities include state-of-the-art equipment for forensic examination by female doctors and specialist nurses.

Thirteen Sarcs now exist across England, identified by Westminster's Rape Action Plan as key to improving standards in rape investigation and prosecution rates.

Jo Lovett of the Child and Woman Abuse Studies Unit at London Metropolitan University, who carried out a Home Office review of the centres, backed Brindley's call for their introduction in Scotland.

"In the Sarcs, female examiners are available and they conduct examinations on site, " she said, adding that the issue of women being denied access to female doctors was "absolutely unacceptable".

Dr George Fernie, president of the Association of Forensic Physicians and a senior police surgeon in Edinburgh, said he was aware of cases where there were "significant" delays in getting female doctors to victims.

He recalled an occasion where he was asked to talk round a rape victim after she had asked for a female doctor.

"Understandably, some women will say they do not want to see a male doctor at all, " he said. "I personally would wish to do all I could to encourage women doctors into this area of medicine.

Unfortunately, it's a specialty that's not seen as attractive." Two major reviews of how rape and sexual offences are dealt with are currently under way - by the Scottish Law Commission and the Crown Office. Another has been launched by police to ensure a "victim- centred approach".

A Scottish Executive spokeswoman said it had issued guidance to the police on how to deal with sexual assaults, making clear that "every effort should be made to ensure the comfort of victims".

She added: "We would expect that to include making every effort to match surgeons to the wishes of the victim. However, that will not always be possible and it must also be remembered that it is in the best interests of victims that they receive medical attention as quickly as possible. The evidence in these cases has a short lifespan."

liam. mcdougall@sundayherald. com

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