Developing a Policy for Sexual Assault Examinations on Incapacitated Patients and Patients Unable to Consent
Version of Record online: 29 SEP 2010
© 2010 American Society of Law, Medicine & Ethics, Inc.
The Journal of Law, Medicine & Ethics
Volume 38, Issue 3, pages 647–653, Fall 2010
How to Cite
Carr, M. E. and Moettus, A. L. (2010), Developing a Policy for Sexual Assault Examinations on Incapacitated Patients and Patients Unable to Consent. The Journal of Law, Medicine & Ethics, 38: 647–653. doi: 10.1111/j.1748-720X.2010.00518.x
- Issue online: 29 SEP 2010
- Version of Record online: 29 SEP 2010
Sexual assault examinations consist of a medical evaluation and forensic evidence collection. Usually the patient signs a consent form allowing the examination to occur. Occasionally circumstances exist that render a patient unable to give consent for this examination. Such circumstances include young age, mental health disease, cognitive delay, or drug/alcohol ingestion. This article provides suggestions for developing a policy allowing a sexual assault examination to be conducted without patient consent. A sample of such a policy is provided.