Men after the sexual assault: The journey from medical service to court

J Forensic Leg Med. 2024 Apr:103:102676. doi: 10.1016/j.jflm.2024.102676. Epub 2024 Mar 19.

Abstract

Background: There may be significant physical and psychological consequences and impacts for males who experience sexual assault as adults, however, published literature in this context is sparse, specifically for the investigative outcomes in the criminal legal process.

Method: This clinical audit tracked 138 adult males who presented for forensic and medical sexual assault care from initial presentation to ACT Police investigation and court outcome from 2004 to 2022.

Results: There were 103/138 (74.6%) males who attended for medical and forensic care within 72 h of the reported assault. Pre-existing mental health conditions were self-reported in 59/138 (42.7%) males. Nearly half of males 67/138 (48.5%) had a medical evidence kit collected. Males presenting for medical care 44/138 (31.2%) went on to report to ACT Policing, 36/44 (81.2%) of cases did not proceed to court. The most common clearance type was inadequate evidence to proceed (17/44, 38.6%). In 8/44 (18.2%) of adult male cases who subsequently reported to ACT Police, the investigation resulted in entry to the judicial process with a suspect charged with a sexual offence. Five of those cases resulting in a conviction.

Conclusions: Many adult male patients presented within timeframes that enabled the provision of time critical medical care and provided an opportunity for forensic medical evidence collection. Many adult males 59 (42.7%) self-reported pre-existing mental health conditions upon initial presentation. Attrition occurred throughout the patient journey with many males not reporting to police and thus not presenting in the legal process. This further emphasises the need for independent sexual violence patient advisors to support adult male victims through the medical and criminal justice process.

Keywords: Forensic medical evidence; HIV post exposure prophylaxis; Legal outcomes following sexual assault; Male rape; Male sexual assault.

MeSH terms

  • Adolescent
  • Adult
  • Clinical Audit
  • Crime Victims* / legislation & jurisprudence
  • Forensic Medicine
  • Humans
  • Male
  • Mental Disorders
  • Middle Aged
  • Police
  • Sex Offenses* / legislation & jurisprudence
  • Young Adult