What is it about ?
Sexual assault is referred to as soon as a sexual act is committed without the consent of the victim. It can therefore be any form of unwanted sexual contact. The law distinguishes in 2 forms: rape and indecent assault.
In the case of rape, there is always penetration – whether it is with the penis, tongue, fingers or an object – and whether this penetration is vaginal, anal or oral. In indecent assault, there are unwanted sexual acts, such as touching, but there is no penetration.
Any sexual assault is punishable. As soon as a complaint is filed, the court opens an investigation aimed at gathering as much evidence as possible to demonstrate the assault. The investigation consists of a hearing, a criminal investigation and a medical examination. The police have staff specializing in this area. As a victim, you have the right to be heard by a person of the same sex as you.
The medical examination includes a description of all physical injuries, a genital examination, an internal gynecological examination and the taking of medical samples (eg semen, blood, etc.) for the criminal investigation. This examination should preferably be performed as soon as possible after the assault. After the exam, you will always be referred to the victim support service, if at least you wish.
What can you do ?
When you file a sexual assault complaint, your statement is recorded by the police and you are referred to a doctor for a medical examination. Your consent is essential. You can ask to be assisted by a trusted person, a friend or a member of your family. Ideally, you should take this test as soon as possible after the assault, when most of the traces are still present. Of course, you always have the possibility to lodge a complaint, even several years after the facts.
It is very important to be able to talk to someone about the assault. Its not always easy. If you wish, you can always join the crisis line SOS Rape on 0800 98 10. You can also contact Télé-accueil, by telephone by dialing 107, or by chat by surfing on www.tele-accueil.be.
How is the medical examination carried out?
The doctor who asks you questions and examines you is appointed by the examining magistrate. The examination can also be carried out by your general practitioner, provided that he has sufficient expertise and that he has the adequate equipment to take samples. However, it happens that the court considers the findings of the general practitioner to be biased and void. The exam cannot be carried out without your consent.
The doctor will ask you questions about the nature of the violence and will ask you if there has been penetration, whether vaginal, rectal or oral. He notes in detail the presence of all physical injuries such as bruises, scratches and abrasions.
In addition, he takes blood samples, urine samples and genital smears to rule out sexually transmitted infections (STIs). Several samples are taken over a period of 6 months after the assault. This is because it may take some time before an STI is detectable in the blood. The diseases screened for are chlamydial infection, gonorrhea, syphilis, HIV infection and hepatitis B. Depending on the results, vaccination against hepatitis B may be recommended. Treatment can be started to prevent HIV infection if the perpetrator is known to be a carrier of the virus. If you have extensive lesions and your last tetanus vaccine was more than 10 years ago, you should be given a booster dose. Chlamydia, gonorrhea and syphilis infections are treated with antibiotics.
A pregnancy test is also done. If administered no later than 5 days after the assault, a emergency contraceptive can prevent you from becoming pregnant.
If you suspect you have been drugged, a blood sample is also taken to check for the presence of drugs.
In addition, samples are taken to identify the author’s DNA. These samples are taken by means of smears of the mucous membrane of the mouth, the sexual organs and the anus. Pieces of fingernails or pubic hair samples are also collected, as they may contain remnants of the perpetrator’s DNA.
If the victim is a minor, the examination is carried out by a specially trained pediatrician or gynecologist. Parents must give their consent.
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