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After 20 years: New procedures for dealing with victims of sexual assault Israel today

2022-06-15T14:15:31.343Z


A circular from the director general of the Ministry of Health has been published Since 2003, the Director General of the Ministry of Health has not been replaced by a directive on how health care professionals should treat a person after a sexual assault. The circular establishes rules for the diagnosis and provision of medical and psychosocial treatment, and the collection of legal evidence for victims. Initially it was written that any treatment would be given without preju


Since 2003, the Director General of the Ministry of Health has not been replaced by a directive on how health care professionals should treat a person after a sexual assault.

The circular establishes rules for the diagnosis and provision of medical and psychosocial treatment, and the collection of legal evidence for victims.

Initially it was written that any treatment would be given without prejudice and without discrimination on the basis of race, sex, religion, disability, age, sexual orientation, sexual or gender identity, sexual behavior, political belief or ethnicity.

The treatments require the consent of the patient after the patient has been given an explanation of the nature and actions to be taken, in order to coordinate expectations and prevent distress, surprise or misunderstanding of the actions.

You do not have to complain to the police

The new procedures stipulate that in order to prevent further harm to the victim and the quality of the evidence, the number of staff members dealing with all stages of the procedure must be reduced and the details of the incident must be avoided beyond what is required.

In tests that involve invasive contact and contact with intimate organs it is important to explain to patients that they are entitled to request to stop the test at any stage, including due to physical or mental discomfort.

Patients are eligible for attendant attendance.

Their permission must be sought for the entry of additional persons into the room for medical treatment purposes, with the exception of entry in emergency situations.

Medical examination (illustration), Photo: GettyImages

With regard to dealing with the police, the circular states that the medical staff must inform the police of all patients who arrive after being sexually assaulted.

However, they should not be required to complain to the police, or condition treatment on filing a complaint.

In addition, they should be allowed to talk to a social worker before talking to the police and explain the meaning of the reporting obligation.

In cases of suspected involvement of pharmacological substances (drugs, alcohol or drugs), within a period of up to four days from the occurrence of the injury, a blood and urine test should be performed immediately and at the same time or instead - refer immediately to the nearest acute center.

The circular states that answers after performing a clinical examination to detect foreign biological material, which will be examined at the Institute of Forensic Medicine, will be given to the subject and not to the police. 

In addition, the circular specifies the procedure for preserving rape examination kits, in accordance with an amendment to the law passed last March, which extends the time for preserving kits to 50 years.

It is emphasized that samples taken during the tests will not be used without filing a complaint with the police or before the victims have given their consent - after they have been explained the meaning of the consent to use for further proceedings and the police test.

In the release letter, do not specify the details of the incident, the test findings and interpretation.

It should include the tests performed, the treatment given and the continuation of the required pharmacological or medical treatment.

Restoring control to victims

Yael Sherr, director of the Lobby for the War on Sexual Violence, who lit a beacon on Independence Day this year, responded to the new circular, saying: "I am happy and welcome the publication of the new procedure, and look forward to seeing it implemented. "The Ministry of Health must provide the best possible treatment for the victims, and even equip them with forensic evidence that will be admissible in court, if they wish. 'Procedure' sounds like something small, but it is a revolution."

Yael Scherer, Photo: Yossi Zeliger

Orit Soliciano, director general of the Association of Centers for Assistance to Victims and Victims of Sexual Assault: "We welcome the publication of the procedure for regulating the treatment of victims of sexual assault in the acute room.

"The issuance of the procedure has been delayed for too many years, and it is to be congratulated that the procedure has finally come out and that our emphases regarding regaining control of the victims during the treatment are reflected in this procedure."

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Source: israelhayom

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