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Tamil Nadu
"Clauses such as ‘rape against her will’ and necessity for a ‘potency test’ for the suspect are absurd"
Dr. Kasinathan Nadesan. Dealing with rape is undoubtedly traumatising. Not only for the victim, but many a time also for the forensics specialist who is called on to provide independent corroborative medical evidence of the occurrence of rape or sexual assault. Rape is never easy to prove, says Kasinathan Nadesan, Senior Specialist Forensic Pathologist, Department of Forensic Medicine, Newcastle, Australia. He should know, after several decades as a forensics expert who has worked in several nations, including a stint in Sri Lanka as a consultant on medico-legal issues for the government. He speaks to Ramya Kannan… “Totally negative medical evidence does not mean that rape has not occurred. Similarly, the presence of medical evidence is also not conclusive proof that a rape has occurred,” Dr. Nadesan says. In the grey area that clinical forensic experts saddle, there are often no certainties. Apart from the medical aspect, there are intertwining emotional and physical issues involved. How do we prove all that, he asks. Rape, is finally, a verdict in a court of law. And that is why a forensics expert must be armed with the right kind of experience, special knowledge, and skill to handle victims of rape. Mostly, a medical doctor is the first person a victim meets after the “violation” has occurred. The doctor must be in a position to appreciate the various circumstances and issues involved and arrive at evidence that will be of value in a court. In Chennai recently on the invitation of Tulir CPHCSA to speak to government doctors, Dr. Nadesan lends the wealth of his experience to define the processes and provide tips that only an expert can to his colleagues in the city. A checklist“Ideally, every hospital should be armed with a checklist and a rape kit. This is what they do in the West where everything is micro-accountable,” he explains. Since handling a rape victim also requires a lot of sensitivity and special skills of a counsellor, he appreciates the Western system, where a victim who comes to a hospital first sees a social worker. “In the West, when the police bring the victim to the hospital, the first point of contact is a social welfare officer, who is available on call 24 hours. Only after this are a gynaecologist and psychiatrist summoned,” Dr. Nadesan says. The victim is also housed in an exclusive, “un-numbered” room in the hospital, in order to maintain confidentiality. The police officers who come for investigation are in plainclothes, in order to make the victim feel as comfortable as possible. Since crucial samples have to be lifted for medical evidence, women victims are informed not to wash themselves before they present themselves at the hospital. “We would like to examine the woman as soon as possible, but even up to one week, the case will be considered ‘hot’ as we believe there is a remote possibility of retrieving evidence from the body.” A DNA test is then done routinely for the identification of the body fluids and/or hair that might have been recovered. What is more important in handling rape cases is procedural law, says Dr. Nadesan. For instance, he feels the clauses “rape against her will” and the necessity for a “potency test” for the suspect are absurd. “Rape itself comes from the Latin ‘repare’, which means ‘to snatch’. There may be many circumstances when the woman will be powerless to resist or even stupefied by the violence on her. It does not mean that sexual intercourse has taken place with her consent,” he explains. Dr. Natesan campaigned to get that particular clause out of the law in Sri Lanka.
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