Open AccessAnal Examinations in Cases of Alleged Homosexuality
Author(s) -
Đjorđje Alempijević,
Rusudan Beriashvili,
Jonathan Bey,
Ana Deutsch,
Maximo Duque,
Pierre Duterte,
Adriaan Van Es,
Ravindra Fernando,
Şebnem Korur Fincancı,
Steen Holger Hansen,
Lilla Hárdi,
Hans Petter Hougen,
Vincent Iacopino,
S. Louahlia,
Jens Modvig,
Maria-Dolores Morcillo Mendez,
Önder Özkalıpçı,
Jason PayneJames,
José Quiroga,
Ole Vedel Rasmussen,
Hernán M. Reyes,
Sidsel Rogde,
Antti Sajantila,
Jørgen Lange Thomsen,
Morris TidballBinz,
Felicitas Treue,
Peter Vanezis,
Duarte Nuno Vieira
Publication year - 2018
Publication title -
torture
Language(s) - English
Resource type - Journals
eISSN - 1997-3322
pISSN - 1018-8185
DOI - 10.7146/torture.v26i2.108205
Subject(s) - torture , psychology , anal intercourse , homosexuality , informed consent , law , social psychology , criminology , medicine , political science , human rights , men who have sex with men , family medicine , syphilis , alternative medicine , pathology , human immunodeficiency virus (hiv)
Anal examinations are forcibly conducted in many countries where consensual anal intercourse is considered a criminal act. They are conducted almost exclusively on males in an effort to “prove” that they are “homosexuals” despite the fact that anal intercourse is not a necessary determinant of “homosexual activity.”
Forcibly conducted anal examinations are usually initiated at the request of law enforcement officials, the prosecutor, or the court and conducted in the absence of informed consent or in circumstances where individuals are not capable of giving genuine informed consent or where refusal to give consent would be interpreted as self-incrimination. This may be presumed to be the case when examinations are conducted on individuals in detention, subsequent to allegations of criminalised sexual acts by the authorities.
The purpose of this medico-legal statement is to provide legal experts, adjudicators, health care professionals, and policymakers, among others, with an understanding of: 1) the validity of forcibly conducted anal examinations as medical and scientific evidence of consensual anal intercourse; 2) the likely physical and psychological consequences of forcibly conducted anal examinations; and 3) whether, based on these effects, forcibly conducted anal examination constitutes cruel, inhuman, or degrading treatment or torture.