Forensic psychiatric evaluation of sexual offence victims

Abstract

The role of the forensic medical expert in the field of forensic psychiatry in criminal cases is usually related to offenders’ examination in terms of evaluation of their discernment. Within this article we approach the tasks of forensic psychiatry in victims of sexual offence examination in order to bring elements of differentiation between rape and statutory rape in case of minors under the age of fifteen. In Romania the legal age of consent to sexual activities is 15 years. The inability or impossibility of the victim to defend or to express his/her will must be evaluated carefully since the presence of this criterion concludes the allegation of rape instead of sexual act with a minor. Although minor persons consent is considered is considered invalid by Law if aged fewer than 15, it is important to establish the possibility or ability to express their consent. The state of impossibility to express the will may be either temporary (e.g. alcohol and/or drug intoxication) or permanent (mental retardation). The question of extreme youth is an issue of debate, with imprecise criteria of determination. The ethical concern of autonomy respect versus obligation of the society to protect its vulnerable members against undesired sexual acts is also discussed.