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Indian Pediatr 2009;46: 144-151 |
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Forensic Investigation of Child Victim with
Sexual Abuse |
Emmanouil I Sakelliadis, Chara A Spiliopoulou and
Stavroula A Papadodima
From the Department of Forensic Medicine and Toxicology,
Medical Faculty, University of Athens, Greece.
Correspondence to: Stavroula A Papadodima, Mikras Asias
75, Goudi,PO Box 11527, Athens, Greece.
E-mail: [email protected] |
Abstract
Sexual abuse includes any activity with a child,
before the age of legal consent, that is for the sexual gratification of
an adult or a significantly older child. Sexual mistreatment of children
by family members (incest) and nonrelatives known to the child is the
most common type of sexual abuse. Intrafamiliar sexual abuse is
difficult to document and manage, because the child must be protected
from additional abuse and coercion not to reveal or to deny the abuse,
while attempts are made to preserve the family unit. The role of a
comprehensive forensic medical examination is of major importance in the
full investigation of such cases and the building of an effective
prosecution in the court. The protection of the sexually abused child
from any additional emotional trauma during the physical examination is
of great importance. A brief assessment of the developmental,
behavioral, mental and emotional status should also be obtained. The
physical examination includes inspection of the whole body with special
attention to the mouth, breasts, genitals, perineal region, buttocks and
anus. The next concern for the doctor is the collection of biologic
evidence, provided that the alleged sexual abuse has occurred within the
last 72 hours. Cultures and serologic tests for sexually transmitted
diseases are decided by the doctor according to the special
circumstances of each case. Pregnancy test should also be performed in
each case of a girl in reproductive age.
Key Words: Child, Forensic, Sexual abuse.
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C hild sexual abuse is a global
public health problem. It is a cruel and tragic occurrence and a serious
infringement of a child’s rights to health and protection. Till the early
1970s, child sexual abuse was thought to be rare, and centered among the
poor. Experts now agree that child sexual abuse exists in all
socioeconomic groups. Increased public awareness has led to greater
reporting; from 1970 to 1990, child sexual abuse reports increased more
than other categories of neglect or abuse(1). Despite this gain, child
sexual abuse still remains vastly under-reported. WHO estimates that
globally some 40 million children aged 0–14 years suffer some form of
abuse and neglect requiring health and social care(2). Figures from USA
show that 1 in 4 girls and 1 in 6 boys is sexually abused before the age
of 18, whereas the median age for reported abuse is 9 years old(3-5). The
exact magnitude of the problem in other areas in Asia and Africa is not
known but it is probably even greater (6-10).
Definition of Child Sexual Abuse
Sexual abuse includes any activity with a child, before
the age of legal consent, that is for the sexual gratification of an adult
or a significantly older child. Sexual abuse includes oral-genital,
genital-genital, genital-rectal, hand-genital, hand-rectal, or hand-breast
contact; exposure of sexual anatomy; forced view of sexual anatomy; and
showing pornography or using a child in the production of pornography.
Sexual intercourse includes vaginal, oral, or rectal penetration.
Penetration is entry into an orifice with or without tissue injury.
Child abuse or maltreatment constitutes all forms of
physical and/or emotional ill-treatment, sexual abuse, neglect or
negligent treatment or commercial or other exploitation, resulting in
actual or potential harm to the child’s health, survival, development or
dignity, in the context of a relationship of responsibility, trust or
power(2).
Child sexual abuse is the involvement of a child in
sexual activity that s/he does not fully comprehend, is unable to give
informed consent to, or for which the child is not developmentally
prepared and cannot give consent, or that violate the laws or social
taboos of society. Child sexual abuse is evidenced by an activity between
a child and an adult or another child who by age or development is in a
relationship of responsibility, trust or power; the activity being
intended to gratify or satisfy the needs of other person. This may include
but is not limited to: the inducement or coercion of a child to engage in
any unlawful sexual activity; the exploitative use of a child in
prostitution or other unlawful sexual practices; and the exploitative use
of a child in prostitution or other unlawful sexual practices; and, the
exploitative use of children in pornographic performance and materials(2).
Child sexual abuse should be differentiated from sexual
play, which is defined as viewing or touching of the genitals, buttocks,
or chest by preadolescent children separated by not more than 4 years, in
which there has been no force or coercion(11).
Sexual mistreatment of children by family members and
non-relatives known to the child is the most common type of sexual abuse.
The traditional definition of incest was sexual intercourse between blood
relatives. There is, however, an evolving definition of incest that takes
into consideration the betrayal of trust and the power imbalance in these
one-sided relationships. One such definition is: "the imposition of
sexually inappropriate acts, or acts with sexual overtones ... by one or
more persons who derive authority through ongoing emotional bonding with
that child"(12). This definition expands the traditional definition of
incest to include sexual abuse by anyone who has authority or power over
the child, which means immediate/extended family members, babysitters,
school teachers, scout masters, or priests/ministers and others.
Intrafamiliar sexual abuse is difficult to document and
manage, because the child must be protected by additional abuse and
coercion not to reveal or to deny the abuse while attempts are made to
preserve the family unit(11).
Interviewing the Victim
Even in legally confirmed cases of sexual abuse, most
children do not have physical findings diagnostic of sexual abuse.
Therefore, the child’s disclosure is often the most important piece of
information in determining the likelihood of abuse. The conversation
should begin with topics that are interesting and not "threatening" for
the child. The examiner should be patient and friendly and spend time
getting acquainted with the child in order to establish the desired level
of relationship. Children are frightened by a hurried or demanding
examiner, but they generally respond sufficiently to and cooperate with a
pleasant one. It is not necessary for the examiner to wear a lab coat or
other hospital and medical suit; such apparel may be frightening for
younger children.
The interview should be conducted with the child alone,
except if definite information by the authorities about the identity of
the perpetrator excludes the involvement of the child’s caretaker in the
abuse. Children should be asked if they know why they have been brought to
the doctor and to relate what happened to them. Open-ended questions such
as "Has anyone ever touched you in a way that you didn’t like or in a way
that made you feel uncomfortable?" should be asked. The child’s statement
should be recorded in its own words. Whenever possible, the nature of the
sexual contact, including pain, penetration and ejaculation, should be
ascertained. Careful documentation of questions and responses is
critical(13-15).
Physical Examination
Each examination should include a complete physical
examination with careful recording of any trauma away from the genital
area. Although such injuries can be serious, they can be overlooked when
the examiner focuses attention only on the genital area. There is a
spectrum of injuries from incipient bruises, fresh abrasions and
lacerations, up to evidence of prolonged physical abuse of the child with
healing injuries of various types and ages and old scars. In some
assaults, restraining force is severe enough to leave "fingertip" and
other bruises on the limbs or strangling marks on the neck. Trauma to
breast, inner thigh or other paragenital areas is quite frequent (13,16).
Bite marks are common in sexual assaults and it is important to measure
and photograph them carefully to allow matching or exclusion of the teeth
of the alleged assailant(17).
Assessment of the General Maturity
A comprehensive assessment considering the physical
development and emotional wellbeing of the child against the background of
any relevant medical, family or social history must be undertaken. This
enables a full evaluation of the degree of harm suffered, or likely to be
suffered, by the child. The examination begins with an evaluation of the
child’s general appearance, hygiene, and nutritional status. A full
clinical inspection must be undertaken(13-15). Skeletal radiology survey
should also be included as it can aid with regard to the determination of
healed skeletal injuries, as well as to the assessment of age, mainly in
cases of neglected children(18). Medical history with special emphasis to
previous hospitalizations because of repeated and suspicious accidents
should be obtained(19).
Psychological assessment may often reveal post
traumatic stress disorder, a clinical syndrome whose symptoms fall into
three clusters: re-enactment of the traumatic event; avoidance of cues
associated with the event or general withdrawal; and physiological
hyperreactivity. The development of sexualized behavior, also called
sexually reactive behavior, is another common negative short-term effect
of sexual abuse. Children who have been sexually abused engage in more
sexualized behavior. Nonspecific behaviors include suicide gestures, fear
of an individual or place, nightmares, sleep disorders, regression,
aggression, withdrawn behavior, post-traumatic stress disorder, depression
and anxiety, promiscuity, general behavior problems, poor self-esteem,
poor school performance, self-mutilation, fire setting, multiple
personalities, phobias, eating disorders. The impact of the abuse,
however, may be minimal at the time of exposure, especially among younger
children and when the perpetrator is a familiar person. It is only when
the child has acquired the necessary insight and perspective that feelings
of anger and sadness begin to emerge. That means that the doctor may
observe nothing more serious than an emotional stress when examines the
child. The most psychological disturbances, or even genuine psychiatric
diseases, appear in their adult life(2,20-24).
If the examiner does not have all the necessary
knowledge, skills and experience for a particular pediatric forensic
examination, two, or more, doctors with complementary skills should
conduct a joint examination. Usually such examinations involve a forensic
medical examiner and a pediatrician. However, it may be necessary to
involve another medical professional such a genitourinary physician or
family planning doctor. The above doctors may also substantially help in
the further care of the victim (psychological support, treatment of
infections and/or sexually transmitted diseases, pregnancy testing and
contraception advising)(13).
Anogenital Examination of the Female Child Victim
An infant or a very young girl can be examined either
on the examining table or while on a parent’s lap. During the genital and
anal examination, the assisting nurse or the mother positions the child
and separates the child’s thighs so that the examiner can inspect the
genital and the anal areas. For a vaginal examination, girls 4 to 5 years
of age or older are best examined while they are lying in a supine
recumbent position, with the knees flexed and the heels against the
buttocks, in a frog-leg position, on an ordinary examining table. The
vaginal and anal examination should be repeated with the child in the
knee-chest position, knees flexed at a 90-degree angle, head turned, and
back swayed. The supine knee-chest position having the child flex her
thighs on her abdomen, is often more comfortable for her and also gives
excellent exposure. A satisfactory view is also obtained by placing the
child in the left lateral position, one that often causes less distress to
a child than having her lie supine(25).
The use of labial traction can greatly enhance
visualization of the hymen. The labia majora are gently retracted between
the thumb and forefinger with force applied downward and outward.
Locations of abnormalities should be described as on a clock face with the
urethra in the 12-O’clock position and the anus at the 6-O’clock position.
In pubertal girls, estrogen causes the hymenal tissue to become thicker
and more compliant; therefore, detection of trauma can be more
challenging(26). The examiner should take particular note of vulvar
inflammations, eruptions, open lesions, tears, pain, and discharge. The
patency of the hymenal orifice is determined, the size of the introital
opening measured, and the form and thickness of the hymen is recorded. In
the prepubertal girl, vaginal penetration usually results in tearing of
the hymen in the posterior 180 º.
These lacerations may be associated with bruising or abrasions both
ventrally and towards to the posterior fourchette and lateral introital
tissues.
If there is a discharge, the character, consistency,
and color should be noted. The presence of any odor should also be
recorded. If there is evidence of infection, dry smears for bacteriologic
studies, cultures, and wet slide preparations should be prepared. Fresh
wet smears must be examined for Trichomonas vaginalis, clue cells,
and Candida albicans. The hymen is sensitive and when cultures are
taken, care should be taken to pass the culture swab beyond the hymen to a
less sensitive area(25-30). The findings in the abused female child are
detailed in Table I.
TABLE I
Findings From the Genitalia in the Sexually Abused Female Child
1. |
Erythema, inflammation and increased vascularity: The examiner may see
redness of the skin or mucous membranes due to congestion of the
capillaries. |
2. |
Labial
adhesions: Adherent of fused labia majora is seen posteriorly as a
thin central line of fusion. |
3. |
Hymenal
or vaginal tears: Deep breaks in the mucosa of the vagina and hymen
are called tears |
4. |
Vaginal
secretions |
5. |
Fissures, new or healed lacerations |
6. |
Enlarged hymenal introital opening: It has been postulated that the
transverse diameter of the introitus is an infallible guide to whether
or not penetration has occurred, the critical figure being 4 mm. |
Clinical examination of the anus is often disappointing
in the sense, first, that little is to be found and, secondly, that the
correct interpretation of abnormalities remains a matter of serious
debate. Genital injuries or abnormalities are more often recognized as
possible signs of abuse, while anal and perianal injuries may be dismissed
as being associated with common bowel disorders such as constipation or
diarrhea. Both the anal sphincter and the anal canal are elastic and allow
for dilatation. Digital penetration usually does not leave a tear of the
anal mucosa or of the sphincter. Penetration by a larger object may result
in injury varying from a little swelling of the anal verge to gross
tearing of the sphincter, or even bowel perforation. If lubrication is
used and the sphincter is relaxed, perhaps no physical evidence will be
found. Even penetration by an adult penis can occur without significant
injury. After penetration, sphincter laxity, swelling, and small mucosal
tears of the anal verge may be observed as well as sphincter spasm. Within
a few days the swelling subsides and the mucosal tears heal. Skin tags can
form because of the tears. Repeated anal penetration over a long period
may cause a loose anal sphincter and an enlarged opening(27,30,31). The
findings from the anus in a sexually abused child are detailed in
Table II.
TABLE II
Findings from the Anus in the Sexually Abused Child
1. |
Perianal erythema: Reddening of the skin overlying the perineum as
well the inner aspects of the thighs and labia generally indicates
that there has been intercrural intercourse (penis between the legs
and laid along the perineum). |
2. |
Swelling of the perianal tissues: Circumferential perianal swelling
appears as a thickened ring around the anus. It is an acute sign and
can reflect traumatic edema |
3. |
Laxity
and reduced tone of the anal sphincter: Sphincter tone should be
assessed by exerting gentle traction on the sphincter. While some
doctors prefer digital examination when assessing children who have
been abused and anally penetrated, it would seem unwise to access anal
sphincter tone by digital penetration |
4. |
Fissures: Breaks in the skin and mucosal covering of the rectum, anus,
and anal skin occur because of the overstretching and of the
frictional force exerted on the tissues |
5. |
Large
tears: Large breaks in the skin extending into the anal canal or
across the perineum are usually painful and can cause anal spasm.
Tears often heal with scarring and leave a skin tag at the site of the
trauma |
6. |
Skin
changes: The skin appears smooth, pink, and shiny, with a loss of
normal fold pattern. The presence of these skin changes suggests
chronicity of abuse |
7. |
Hematoma and/or bruising: Subcutaneous accumulation of old and
new blood and bruising are strong indicators of trauma. It would be
very unlikely for these to occur without a history to explain them.
These injuries are not likely to be accidental |
8. |
Venous
congestion |
9. |
Pigmentation |
10. |
Anal
dilatation |
Anogenital Examination of the Male Child Victim
A genital examination of boys may be performed with the
patient in the sitting, supine or standing position. The physician should
examine the penis, testicles and perineum for bite marks, abrasions,
bruising or suction ecchymoses. Evaluation of the anus may be performed
with the patient in the supine, lateral recumbent or prone position with
gentle retraction of the gluteal folds. The anal examination of the male
is the same as in the female(26,27).
Normal Physical Examination Findings
in a Sexually Abused Child
Most children reporting that their genitalia have been
subjected to sexual contact, from touching by hand even up to full
penetrative sexual intercourse, show no evidence of old or fresh injuries
to the genitalia area. There are several reasons for this paucity of
diagnostic findings. For one thing, children are naturally reticent about
reporting such conduct, so the opportunity to see and record acute changes
is lost, for another, children are rarely subjected to great violence
because a pedophile intenting on maintaining access to a child is careful
to avoid attracting attention thereby. Many types of sexual molestation do
not involve penetration and do
not leave physical findings. In addition, a significant number of
incidents occur without ejaculation or damage to the hymen. The anal
sphincter is pliant and, with care and lubrication, can easily allow
passage of a penis or an object of comparable diameter without injury. The
hymen is elastic, and penetration by a finger or penis, especially in an
older child, may cause no injury or may only enlarge the hymenal
opening(32).
Evidence Sampling for Laboratory Examinations
Forensic studies should be performed when the
examination occurs within 72 hours of acute sexual assault or sexual
abuse. Clothing and any material adhering to the skin such as fibers and
vegetation should be preserved. Forensic science techniques provide
corroborative evidence when, for example, pubic hair is found between the
buttocks of a prepubertal child. When relevant swabbings of the mouth,
anus or vagina are taken, they should be allowed to dry in the atmosphere
before being sealed. The swabs themselves should consist of plain cotton
wool. Albumen treated fibres interfere with serological investigations, so
they should be avoided. Samples of semen or salivary staining on the skin
are taken by applying a lightly moistened swab and treating it in the same
way.
Obviously the most important identifying element for
the examiner and the pathologist is the documented presence of an
ejaculate, so that the retrieval of the spermatozoa is more critical than
ever. It should be stressed that the lack of evidence of ejaculation by no
means refutes a complaint of sexual assault. Many of the men convicted for
sexual assault may suffer from some form of sexual dysfunction that
impaires their ability to ejaculate. Evidence should be stored securely
and a written record should be kept establishing the chain of evidence.
If the abuse has occurred within the last 72 hours, the
presence of sperm should be investigated. The survival time of sperm is
shortened in prepubertal girls because of lack of cervical mucus.
Spermatozoa have rarely been detected in vaginal secretions from
postpubertal rape victims longer than 12 hours. A Wood’s lamp helps
identify sperm on the clothing or skin. However, sperm is not the only
substance that fluoresces under Wood’s lamp, so fluorescence is a
nonspecific finding. Wood’s lamp is not a sensitive screening tool and
should be used with caution(33). Detection of acid phosphatase is another
technique used to detect semen, acid phosphatase can, however, normally be
found in very low levels in the adult female vagina, so quantification of
the enzyme is important to verify ejaculation. The p30 protein is a semen
glycoprotein of prostatic origin. The p30-enzyme is linked with an
immunosorbent assay. This protein is semen-specific and is not found in
vaginal fluids. It is thus a more sensitive and specific method of semen
detection(34).
For the assailant identification, various
characteristics of head and pubic hair can be explored to help narrow the
pool of possible assailants. Identification of genetic markers in blood,
saliva and serum (ABO typing and other blood enzyme systems) should be
performed within 72 hours of acute sexual assault or sexual abuse. DNA
fingerprinting can, nowadays, establish the identity of a perpetrator with
a high degree of certainty(35).
Finally, toxicological analysis of blood and urine
should also performed in case that the child has been abused while under
the influence of drugs(36-38), as well pregnancy test when about girls of
reproductive age(13).
Sexually Transmitted Diseases
The diagnosis of sexually transmitted diseases (STD) is
important not only to the care of the victim but also in determining the
fact of sexual contact. This evidence may be prima facie, or confirmatory.
Transmission of sexually transmitted diseases outside the perinatal period
by nonsexual means is rare. Gonorrhea or syphilis infections are
diagnostic of sexual abuse after perinatal transmission has been ruled
out(38). Herpes type 2, Chlamydia, Trichomonas, and condyloma
infections are extremely unlikely to be due to anything but abuse,
particularly in children beyond infancy(39).
Conclusions
The diagnosis of child sexual abuse often can be made
based on a child’s history. Physical examination alone is infrequently
diagnostic without the history and/or some specific laboratory findings.
The duty of the doctor is to interpret trauma, collect specimens, treat
injury and above all, help and support the vulnerable patient. It is not
part of a medical practitioner’s remit to assess guilt, comment on
anyone’s truthfulness or state whether or not a crime has been committed;
all of these are in the province of the court. Injuries often speak for
themselves and are usually more eloquent for being allowed to do so.
Close adherence to protocols and procedures that
preserve the integrity of medical records, meticulus documentation and all
clinical and forensic science evidence gathered can only enhance the value
of medical evaluation of sexual violence. Attention to detail will benefit
the patient by improving the identification of trauma, providing better
prophylaxis for pregnancy and infection, and ensuring more effective
investigation and prosecution of the assailant.
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