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Complete medical examination needed in evaluating sodomy cases PDF Print E-mail
Saturday, 06 September 2008 09:26am

©Bernama (Used by permission)

KUALA LUMPUR, Sept 5 (Bernama) -- It is difficult for a doctor to make an accurate assessment when assessing a patient a few weeks or months after an alleged sodomy incident as certain local signs may not be present, according to the Malaysian Society of Colorectal Surgeons (MSCRS).

In a statement to Bernama signed by its president Dr Akhtar Qureshi and vice-president Dr Yunus Gul, MSCRS said a medical practitioner could comfortably make a diagnosis of forceful anal penetration if the victim is examined at an early stage, like immediately or a few days after the incident, where signs of local trauma might be present.

They also said that the use of blunt objects, which were forcefully inserted trans-anally may cause similar clinical signs to an alleged sodomy which was why thorough investigations were required before making a conclusion or diagnosis.

"Furthermore, a person engaging in consensual anal sex over a period of time may not exhibit any signs of trauma on clinical examination apart from perhaps a lax anal sphincter tone.

"The latter is usually best assessed by a specialist surgeon with an interest in colorectal surgery," MSCRS said.

The two doctors said the society was issuing the statement to express its views as a specialist medical society especially in the wake of recent media reports regarding sodomy and the various claims and suppositions as to the determining factors of what is construed as sodomy.

The two doctors also said that the media and individuals were irresponsible for making various speculations regarding an incident especially when full details were not available.

"It is difficult for a doctor to make an accurate assessment when assessing a patient a few weeks or months after an alleged sodomy incident as the local signs as highlighted above may not be present".

"We cannot but agree with the recent statement made by the Director-General of Health Tan Sri Dr Ismail Merican that a full history, complete medical examination and specific investigations, which include the assessment of bodily specimens by a forensic unit must be conducted in evaluating such cases," they said.

In the one-page statement, Dr Akhtar and Dr Yunus also said: "The medical fraternity dealing with the recent case is being unfairly judged as the full details of what allegedly transpired is vague and should best be dealt with in the court of law where the necessary evidence can be heard and evaluated in more detail by the experts.

On August 25, Dr Ismail had said that a doctor cannot make a conclusive medical report in sexual cases, including sodomy, unless he or she completes four important examinations on the victim.

Dr Ismail said the doctor needs to have a detailed history of the incident as alleged by the victim, then he must conduct a full medical examination, complete a thorough examination on the private parts of the patient and do some investigation.

"The doctor has to send bodily specimens of the victim to the forensic unit. All these must be completed. You can't do a preliminary examination and conclude that the patient was sexually abused or otherwise," he had said.

Dr Ismail had said this when he was asked to comment on a flyer circulated in public, which claimed to be the medical report of Mohd Saiful Bukhari Azlan, 23, done at the Pusrawi Medical Centre by its medical officer Dr Mohamed Osman Abdul Hamid.

The medical examination was allegedly done a few hours before Saiful lodged a police report alleging that Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim had sodomised him.

Dr Muhammad Osman conducted an examination on Mohd Saiful on June 28 after he complained of stomach ache and pain in the anus.

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