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Forensic Medicine · Sexual offences: hymen
Sample itemA 17-year-old girl alleges forced intercourse four days ago. Examination shows an intact, elastic, annular hymen and no genital or extragenital injuries. How should this be interpreted?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
C. An intact hymen does not exclude penetration, so sexual assault can be neither proved nor excluded on this finding
Penetration of even a few centimetres can occur without rupture, particularly with an elastic, annular or fimbriated hymen, or when the girl is accustomed to sexual activity. The medical opinion should not comment on rape, which is a legal conclusion, but describe findings. Absence of injury does not exclude assault. The so-called two-finger test is unscientific and must not be performed.
Option by option
A. The girl must be lying since there are no injuries
The absence of injury is common and is not a sign of falsehood.
B. Rape is proved because the hymenal opening is wide
The size of the hymenal opening varies and does not prove intercourse.
C. An intact hymen does not exclude penetration, so sexual assault can be neither proved nor excluded on this finding (correct)
Correct. Intact hymen and absent injuries do not exclude penetration.
D. Rape is excluded because the hymen is intact
An elastic hymen may stay intact after penetration, so rape is not excluded.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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