Legal aspects of sexual violence--does forensic evidence make a difference?
A survey was done of 307 alleged victims of sexual violence reported to the police departments in Greater Aarhus, Denmark, in 1999-2004. The legal disposition was ascertained and related to victim and assault characteristics together with the forensic medical and laboratory findings. The police pressed charges in more than half of the cases and 11% turned out to be false allegations. Nineteen percent of all cases ended with sentencing of the defendant. Sperm was detected in 35% of the examined and analysed cases, and in 46% consumption of alcohol prior to the assault was reported. Information in the forensic report regarding injury documentation, intoxication, and detection of sperm and DNA match between victim and alleged assailant did not aid in the prosecution of the case. Severe coercion used by the assailant increased the likelihood of conviction. Intoxication estimation and sperm detection suffered from low sensitivity compared with laboratory analyses. Results suggest the need for new research and optimising the sexual assault examination protocol to strengthen the legal impact of forensic evidence.
Ingemann-Hansen
Ole
O
Institute of Forensic Medicine, Section of Clinical Forensic Medicine, University of Aarhus, Brendstrupgaards vej, 8200 Aarhus N, Denmark. oih@forensic.au.dk
Brink
Ole
O
Sabroe
Svend
S
Sørensen
Villy
V
Charles
Annie Vesterbye
AV