Gang Rape of an Adolescent in Sri Lanka: Conviction Despite an Initial Medical Opinion Excluding Rape

Introduction: Sexual assault is known to result in serious consequences for the victim. Since most sexual assaults are unwitnessed, the forensic medical evaluation of the victim is extremely important. Sexual Assault Forensic Examination (SAFE) is a “high risk” medico-legal practice due to possibilities of serious errors. An alleged gang rape is reported from Sri Lanka where the conviction was based on a second medical opinion. Case Report: An adolescent girl alleged gang rape by three men. The initial Forensic Medical Examiner (FME) “excluded rape” in his report to the police. The police sought a second opinion from a trained FME (tFME) who was on call on a rotational duty roster. Grazed abrasions over the buttocks, a bite mark of the breast and a recent tear of the hymen were detected which contradicted the initial medical findings. The second opinion was unchallenged during the trial. The accused were convicted of rape with a sentence of 12 years rigorous imprisonment for the leader of the gang. Conclusion: An efficient on call system for tFME, timely action by the police and tFME, averted a miscarriage of justice and ensured a conviction in an alleged gang rape of an adolescent. Recommendations: Victims of recent sexual assault should be considered as medico – legal emergencies. In recent rape incidents victims should be examined by a tFME. The rotational duty roster system of tFMEs should be strengthened. When relevant, second opinions should be sought by doctors and the police and guidelines prepared for referral.