Healthcare professionals - supporting adults who present having experienced rape or sexual assault: clinical pathway

11. Corroboration

Key points

• There is a legal requirement that there must be corroborated evidence for key elements of a criminal charge
• Corroboration is a requirement in all FMEs

In Scotland, there is a legal requirement that there must be corroborated evidence for key elements of a criminal charge. This means that there must be two sources of evidence in order to prove certain key facts.

Accordingly, it is necessary that all FMEs are witnessed by a person other than the clinician conducting the examination.

Examination should be performed by a clinician who at a minimum, has undertaken the required NES training in a FME ^[103].

11.1 Types of Witnesses

The examination must be witnessed, preferably by a forensically trained health professional, who must be able to speak to the particulars of the examination including the taking of all swabs and samples and the presence of any injuries.

There are two types of witness in a case:

A witness of fact: may give evidence about what they observed. An example would be a member of the public who was in a shop during a robbery and describes what the perpetrator did and what they looked like.

A skilled witness: may give evidence not only about what they observed but, subject to the court assessing that they have the necessary skills, qualifications and experience, they may also offer considered opinion evidence regarding conclusions which they have drawn from their observations. An example would be a medical professional who observes an injury and offers an opinion regarding the likely age and likely causes of that injury.

For more information see: GMC Ethical Guidance^[104].

When using the digitised National Form within Cellma it is important to ensure information is presented in a manner that supports both the ongoing investigation and any future prosecution process.

It is imperative that all relevant information is disclosed in the report and that the report writer does not stray beyond their area of competence or expertise.

11.2 Disclosure of Records

A contemporaneous record of the FME should be made in the forensic section of the digitised National Form in Cellma.

In police referral cases, a printed and signed copy of the form is provided to the police together with any evidence obtained.

For self-referrals, the printed and signed copy should be retained, stored and destroyed by the health board in accordance with the Self-Referral National Protocol and GDPR. A copy should be provided to the police if and when, the person decides to make a police report.

The health assessment is separate from the forensic form to ensure confidentiality of the person’s health records and this will be retained as part of the person’s medical record. It should not be shared with the police.

However, it must be made clear to the person from the outset that their health record may be disclosed during any criminal investigation if requested by the courts and active acknowledgement of this understanding sought.

Disclosure of the health record to non-health bodies must be carried out in accordance with any data protection legislation and any other legislation governing the processing of this information.

Useful Resources

Sharing of Personal Sensitive Information (Medical / Clinical Records) For Court Proceedings^[105]