Methodological approaches to sexual violence: experience of legal medicine at Catanzaro University

Abstract

The Law no. 66 of the 15th February 1996 has made sexual violence a crime against the person. Under this Law, the relationship between the offender and the person injured at the time of the aggression becomes central. The seriousness of the offence also derives from the violation of the personal liberty of the victim and the violation of his/her most intimate person, his/her dignity and physical or mental well-being. Sexual violence against a minor is considered an aggravating circumstance. The multipurpose survey conducted by ISTAT in 2002 on the safety of citizens and thus also on the “harassment and sexual violence” suffered by women aged between 14 and 59, showed that around 53,000 women in Italy have suffered rape or attempted rape in any given year, and that over 95% of rapes or attempted rapes go unreported. The perpetrators are mostly family members and friends, known to the victims. This is in contrast to the 2,543 complaints that the police have filed with the Judicial Authorities in the same period. The situation became more evident after the ISTAT analysis of 2006 on “Violence and abuse against women” aged between 16 and 70, which suggests that 1 million (4.8%) of them have been victims of rape or attempted rape during their lifetimes. Partners carry out physical violence (12%) above all, while sexual violence is largely carried out by a non-partner (20.4%); in cases of rape or attempted rape, no real differences have been observed between partners and non-partners (2.4% and 2.9% respectively). Rapes are, for the most part, reported when the violent act has been committed by a stranger. The cases studied, as shown in the past, confirm the statistical observations: the phenomenon is submerged and little known. Our experience indicates that the inadequacy of the samples collected and documented, as well as the lack of coordination between the police and specialists, may be among the reasons leading to the inefficiency of genetic-forensic tests, necessary to identify the aggressor’s profile. Reports relative to the use and abuse of drugs and / or psychotropic substances are insufficient, and updates on sexually transmitted diseases or pregnancy associated with criminal action are lacking. We are aware that the phenomenon can be effectively dealt with through the use of dedicated staff and trained specialists, thereby obviating the problem of improvisation, unfortunately still present. This has taken place through the promotion of an anti-violence centre at the Magna Graecia University of Catanzaro, as well as in other Italian cities, and with the formation of a multidisciplinary team of professionals whose aim is to formulate and implement guidelines, constantly updated according to the latest technical and scientific developments, as well as the training of specialists in the clinical and medico-legal management of the victims of sexual assaults.