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Lookup NU author(s): Dr Gethin ReesORCiD
This work is licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0).
The forensic medical examination is often lauded as an effective intervention to reduce case attrition by providing evidence that supports a rape or sexual assault complaint. We show that, despite nearly universal enthusiasm for such programmes, the examination also serves as an extra-legal opportunity for criminal justice and medical personnel to assess the credibility of rape and sexual assault complainants. Drawing on five case studies from three countries, we investigate the medico-legal exam as a complicated process that helps shape case outcomes often in ways unanticipated by proponents of forensic medical examinations. We argue that through co-optation of language about choice, consent, and empowerment, and despite significant variation in procedures, protocols, and legal rules, personnel involved with the medico-legal process often use it to impose formal and informal ‘tests’ for assessing complainant credibility and to dismiss or cast doubt upon some rape and sexual assault reports.
Author(s): McMillan L, Corrigan R, Mulla S, Rees G, White D
Publication type: Article
Publication status: Published
Journal: Gender and Justice
Year: 2025
Volume: 1
Issue: 1
Pages: 119-139
Online publication date: 04/03/2025
Acceptance date: 12/11/2024
Date deposited: 19/03/2025
ISSN (electronic): 3033-3660
Publisher: Bristol University Press
URL: https://doi.org/10.1332/30333660Y2024D000000007
DOI: 10.1332/30333660Y2024D000000007
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