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National Guidelines on Management of Sexual Violence in Kenya

National Guidelines on Management of Sexual Violence in Kenya

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4.2 Documentati<strong>on</strong> and Report<strong>in</strong>g<br />

In general, most effort should be expended <strong>on</strong> document<strong>in</strong>g evidence that can<br />

corroborate the survivor’s evidence <strong>in</strong> a court <strong>of</strong> law. Such evidence <strong>in</strong>clude:<br />

• Evidence that sexual <strong>in</strong>tercourse (penetrati<strong>on</strong>) has taken place – engorgement<br />

<strong>of</strong> the genital and maybe <strong>in</strong>creased epithelial cells <strong>in</strong> the ur<strong>in</strong>e. Broken hymen.<br />

If the hymen is not broken it does not mean that penetrati<strong>on</strong> didn’t take place.<br />

• Evidence that ejaculati<strong>on</strong> has taken place – presence <strong>of</strong> semen around the<br />

genitalia. Semen <strong>in</strong>side the vag<strong>in</strong>a is evidence that ejaculati<strong>on</strong> did take place<br />

<strong>in</strong>side the vag<strong>in</strong>a – hence the importance <strong>of</strong> a high vag<strong>in</strong>al swab. It is important<br />

to know that ejaculati<strong>on</strong> doesn’t always have to take place.<br />

• Evidence that force was used – Torn clothes <strong>in</strong>clud<strong>in</strong>g undergarments, bruised<br />

genitalia. Significant levels <strong>of</strong> epithelial cells <strong>in</strong> the ur<strong>in</strong>e.<br />

• Evidence l<strong>in</strong>k<strong>in</strong>g the suspect with the sexual <strong>of</strong>fence. This will ma<strong>in</strong>ly be<br />

police work but the HCW will collect the various specimens as detailed <strong>in</strong> the<br />

Forensic chapter <strong>of</strong> these guidel<strong>in</strong>es.<br />

4.3 The Post Rape Care (PRC) Form<br />

The PRC is a medical form filled when attend<strong>in</strong>g to the survivor. The form allows space<br />

for history tak<strong>in</strong>g, documentati<strong>on</strong> and exam<strong>in</strong>ati<strong>on</strong>. It facilitates fill<strong>in</strong>g <strong>of</strong> the P3 form<br />

by ensur<strong>in</strong>g that all relevant details are available and were taken at the first c<strong>on</strong>tact<br />

<strong>of</strong> the survivor with a health facility. The PRC form strengthens the development <strong>of</strong> a<br />

cha<strong>in</strong> <strong>of</strong> custody <strong>of</strong> evidence by hav<strong>in</strong>g a duplicate that can be used for legal purposes<br />

and show<strong>in</strong>g what specimen were collected, where it was sent and who signed for it.<br />

The PRC form can be filled by a doctor, a cl<strong>in</strong>ical <strong>of</strong>ficer or a nurse.<br />

NOTE: When the PRC form is filled and signed completely:<br />

• The Orig<strong>in</strong>al form is to be given to the police for custody. This is the form that<br />

is produced <strong>in</strong> court as evidence;<br />

• The Duplicate form is given to the survivor;<br />

• The Triplicate form rema<strong>in</strong>s with the hospital.<br />

4.4 The <strong>Kenya</strong> Police Medical Exam<strong>in</strong>ati<strong>on</strong> P3 Form<br />

This is a Police form that is issued at the police stati<strong>on</strong>. It is filled by a health practiti<strong>on</strong>er<br />

or the police surge<strong>on</strong> as evidence that an assault has occurred. The P3 form is for all<br />

assaults and therefore not specific to sexual violence. It is therefore not as detailed as<br />

the PRC form. The P3 form is filled and returned to the police for custody. The fill<strong>in</strong>g <strong>of</strong><br />

the P3 form <strong>in</strong> sexual violence cases is d<strong>on</strong>e free <strong>of</strong> charge. The survivor should get a<br />

copy <strong>of</strong> their PRC form when it is filled and signed and when the P3 form is be<strong>in</strong>g filled.<br />

The P3 form is the l<strong>in</strong>k between the health and the judiciary systems. The medical<br />

<strong>of</strong>ficer who fills the P 3 form or their representative will be expected to appear <strong>in</strong> court<br />

as an expert witness and produce the document <strong>in</strong> court as an exhibit.<br />

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