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Kerala financial code volume 2 forms of sexual harassment

opinion

Registered medical practitioners should bear in mind the fact that absence of injuries on the body of the survivor does not imply consent of the survivor and also does not rule out resistance. Clothes, Vaginal swab, anal swab etcwith a view to avoid loss of findings due to delay in collection and preservation. Strike off whichever is not preserved.

Whenever swabs are preserved, sufficient number of swabs should be taken to look for spermatozoa, for analysis for semen and for DNA profiling if spermatozoa are detected.

Whenever hairs are preserved from a living person, cut samples should be taken ensuring the entire length of hairs by cutting them close to root. Hairs should not be plucked from the body of a living person. Vaginal, anal, buccal and other swabs should be dried completely and packed in clean paper or paper envelope.

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Swabs should not be packed in plastic paper or bottles. Registered medical practitioners should always remember that moisture in the swabs may facilitate fungal growth and cause destruction of the biological evidence. When the survivor is brought after a period of seven days of the alleged incident, the doctor need not preserve all the material objects.

If the survivor is brought for examination after 96hours but within one week of the alleged assault, preservation is optional and according to the possibility for trace evidence to be retained on the body of the survivor as revealed by relevant points from the history.

However, he should preserve material objects like blood for DNA profiling, hairs etc, if the same is requested by the investigating officer.

He should send the urine for pregnancy test if pregnancy is suspected. Whenever the examination is conducted on a written requisition from a Judicial or Police Officer, the material objects should be immediately handed over to the Investigating Officer who should take it on a seizure mahassar for forwarding to the Forensic Science Laboratory.

Toluidine blue test should not be done before collection of vaginal samples, as spraying of the dye and washing away the excess can cause loss of evidence.

If the findings of examination are consistent with the alleged history, opinion should be furnished that the findings of examination are consistent with the history of alleged sexual assault. Opinion should also include whether the findings are consistent or not consistent "Kerala financial code volume 2 forms of sexual harassment" the alleged time of occurrence.

If there are injuries in the vagina or anus, opinion as to vaginal or anal penetration can be furnished. If there are injuries on the body, opinion as to whether the injuries were caused in the manner alleged, whether they were caused at the alleged time of occurrence and whether they were grievous or not should be furnished.

Any other opinion regarding any relevant history or findings should also be furnished if present. Opinion regarding recent vaginal or anal intercourse should be based on the detection of semen or spermatozoa in the vagina or anus respectively.