Sexual offences and forensic psychiatry: past sexual history: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Sexual offences and forensic psychiatry: past sexual history

Sample item

In a rape trial the defence asks the examining doctor whether the survivor was habituated to sexual intercourse, to cast doubt on consent. How should this be regarded?

AIt is relevant only when she is unmarriedBIt is relevant evidence of consent and must be statedCHer past sexual experience is irrelevant to consent and should not be commented onDIt is relevant if the hymen shows old tears

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

C. Her past sexual experience is irrelevant to consent and should not be commented on

Under the law of evidence, her character or previous sexual experience is not relevant to the question of consent. National guidelines for medicolegal care also tell the examiner not to give an opinion on habituation to sex.

Option by option

A. It is relevant only when she is unmarried
Marital status makes no difference to its relevance.
B. It is relevant evidence of consent and must be stated
It does not establish consent on the occasion alleged and should not be offered as an opinion.
C. Her past sexual experience is irrelevant to consent and should not be commented on (correct)
Correct. Previous sexual experience does not prove consent to the act in question.
D. It is relevant if the hymen shows old tears
Old hymenal tears only show past penetration and cannot prove consent to this act.

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.

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is C, Her past sexual experience is irrelevant to consent and should not be commented on. Under the law of evidence, her character or previous sexual experience is not relevant to the question of consent.

Why is "It is relevant only when she is unmarried" not the answer?

Marital status makes no difference to its relevance.

Why is "It is relevant evidence of consent and must be stated" not the answer?

It does not establish consent on the occasion alleged and should not be offered as an opinion.

Why is "It is relevant if the hymen shows old tears" not the answer?

Old hymenal tears only show past penetration and cannot prove consent to this act.

What concept does this question test?

It tests Sexual offences and forensic psychiatry: past sexual history in Forensic Medicine. National guidelines for medicolegal care also tell the examiner not to give an opinion on habituation to sex.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Sexual offences and forensic psychiatry: past sexual history?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.