Allegations of Sexual Abuse in NZ


False Allegations - Index


Opinion and Comment - 2005



http://www.akhdem.co.nz/Guidelines/sexual_abuse.htm
as downloaded Feb 26 2005

Auckland District Health Board
Guidelines
Sexual Abuse

Deciding to pursue a police complaint for assault

There may be circumstances where a patient presents to the doctor still uncertain about pursuing a police complaint and it is appropriate for the doctor to assist that patient in making a decision whether to involve the police. Whether or not the patient requires a full forensic examination depends on the likelihood of the patient making a police complaint. The following may be helpful.

Be sensitive to the shock the patient may be experiencing and the self blame, fear and loss of self esteem, that may be influencing their decisions. In addition they often experience feelings of being dirty, and fear recrimination and shame if family members or employers or the alleged rapist or his friends find out that they have reported the rape. They may use these reasons for not reporting.

On the other hand, the Police are the only authority who can offer official protection to the complainant. It is highly likely that the assailant will have been, or will be, involved in other assaults. Every report helps the Police in compiling a profile that may lead to the offender's arrest. Being believed by the Police and having the assailant convicted can be important in helping the victim realise they are not to blame for their assault. Most of the available evidence shows that men who rape will continue to do so throughout their lives unless they are stopped, or made to undertake intensive therapy.

Discuss involving the Police earlier rather than later to provide information, which will help make a decision. However, do not deny that, even with the most sympathetic police officer, the victim loses a degree of control by involving the police.

The patient will need information about the factors that influence the success of a court case to help them make a decision. Be clear in outlining the unpleasantness of investigation and prosecution procedures for the victim. Acknowledge that it may be more traumatic than the rape itself, and may prolong the acute distress for months or even years.

If the patient decides not to pursue the complaint don't over-persuade. There may be very personal / practical reasons for this reluctance, and they may not want to tell even you of these. The majority of so-called "false complaints" appears to be when someone other than the victim reports the rape / assault to the police.

Whichever way the patient decides, support them in the acceptability of their decision. This may be the first decision they have made for themselves since the rape and an important step in regaining control of their own life.

Rape of a child, particularly where injury has occurred, is a very serious crime. Under these circumstances the doctor has a duty to encourage the due process of law, particularly as recent legal changes offer some protection for child witnesses. A doctor who is presented with a child victim of sexual assault where there is reluctance to involve the child protective agency, may decide to involve these agencies without the consent of the child and guardians.

In most police districts there are rosters of women doctors training as forensic medical examiners who regularly examine victims of sexual abuse. Consultation with or referral to one of these doctors may help the patient decide.