Citation

Rogers JE, Odell MS, Schreiber JR. J. Law Med. 2018; 26(1): 265-273.

Affiliation

Senior Lecturer in Forensic Medicine, Faculty of Medicine, Nursing and Health Sciences, Monash University; Clinical Forensic Medicine, Victorian Institute of Forensic Medicine (VIFM).

Copyright

(Copyright © 2018, Thompson - LBC Information Services)

DOI

unavailable

PMID

30302986

Abstract

When treating unconscious patients believed to have been victims of sexual assault, forensic physicians must decide whether to conduct physical examinations in order to collect evidence while patients are unconscious and cannot consent. The choice is urgent: potential evidence may be lost before the patient regains the ability to consent. The physician's choice affects not only the patient's bodily integrity, but also their ability to pursue criminal and potentially civil justice remedies if they were assaulted. This article bases its discussion on one such real-life situation. It first examines ethical models relevant to deciding whether to take evidence and finds that no one approach produces morally satisfactory outcomes in every case. It then examines the legal framework guiding these decisions, finding that while collecting evidence without consent may well be permissible under New South Wales (NSW) legislation, relevant guidelines disallow it, placing physicians in a legal grey-area. The article concludes with practical recommendations to address these ethical, professional and legal challenges.

Language: en

Keywords

clinical forensic medicine; consent; ethical issues; forensic physician; sexual assault; unconscious patient