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Complete medical examination needed in evaluating sodomy cases |
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Saturday, 06 September 2008 09:26am |
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©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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