September 7, 2010

Dignity on Trial

India’s Need for Sound Standards for Conducting and Interpreting Forensic Examinations of Rape Survivors

I. Summary and Recommendations
The Finger Test
Recommendations
II. Methodology
Terminology and Scope
III. Background
The Role of Forensic Evidence in Sexual Violence Trials
Problems with Forensic Evidence and its Use in Rape Trials
IV. The Use of the “Finger Test”
Archaic Theory in Practice
Perpetuating Damaging Stereotypes through Medico-Legal Interpretations
Undermining the Confidence, Character, and Credibility of Rape Survivors
Defense Arguing Survivors’ Consent
Medico-Legal Findings a Scientific Myth
Finger Test Results in Repeated Trauma
“Habituation to Sexual Intercourse” Legally Untenable
Finger Test Violates Survivors Rights: An Inhuman and Degrading Practice
International Law
International Standards
V. Acknowledgments
VI. Appendix