Controversial issues related to sexuality that are resolved by a forensic medical examination (FME) can be very complex and emotional for the parties. They require professional assessment and expertise to determine the true picture of events and establish the truth. In this article, we will look at several controversial issues that are resolved when conducting an EMS, and we will talk about how these issues can be assessed by experts.
1. Divisibility of sexual characteristics. One of the most controversial issues in forensic sexological analysis is the question of the divisibility of gender characteristics. If we are talking about children who have sex, but do not have sexual characteristics before reaching adulthood, then the court may require genetic testing to confirm the presence or absence of sex chromosomes in the child’s cells.
2. Development of the self of children. This question concerns how a child actually begins to understand his own sexual preferences and norms. Courts seek expert examinations to determine when a child has developmentally reached a certain level of self-understanding that allows him to apply norms of sexual behavior in accordance with his gender.
3. Insufficient evidence base. The court may be faced with insufficient evidence when trying to prove rape or other forms of sexual violence. An expert's challenge to the sexual nature of incidents can seriously affect the judge's final verdict, so experts must be prepared to provide the most complete and reliable information possible.
4. Definition of maturity. Assessing maturity is an important factor when considering sexual offences. When a crime is committed between adult partners, the court can determine the degree of maturity of each participant in the event and the relative
Disputes surrounding the determination of gender and ability to copulate are among the most controversial issues in forensic medicine. These issues are closely related to issues of "female sexuality" and male sexuality, which cause strong social, emotional and legal consequences for those who experience these issues. In addition, determining physical ability to engage in sexual intercourse may also have implications for establishing paternity and maternity.
Due to these complex and controversial issues, each case requires individual assessment and decision, taking into account the many different factors influencing sexuality and reproductive function. Forensic medicine and criminology should be based on scientific research and not on prejudices and myths regarding human sexuality and reproduction.
One of the directions for the development of forensic medicine is to expand the list of controversial queries that can be put to forensic experts. Now forensic medicine answers specific questions within its competence, such as determining identity from DNA fragments, establishing biological kinship, detecting signs of violence, etc. However, in the future it will be possible to raise a wider range of questions related to sexuality and the ability to participate in sexual intercourse.
Another direction will be the development of a more advanced scientific and technical base for conducting forensic medical examinations, including the use of digital technologies and robotics. This will increase the accuracy and reliability of conclusions in the most complex cases, such as determining damage to internal organs or analyzing blood stains at a crime scene.
Of course, conducting a forensic medical examination is a responsible matter that requires the expert to be highly qualified and unbiased. Research and expert opinions should be based on scientific research and assess the individual characteristics of each case, taking into account all the factors influencing the occurrence of diseases. An expert’s assessment should not be based on his own opinion, but on the results of objective research, therefore forensic medicine requires constant improvement and updating.
Forensic experts must consider the legal aspects of disputes, treating each case as a legal event. The investigative process must include an examination of all the circumstances of the case, analysis of evidence and testimony of witnesses, which is the basis for making an informed decision in the case.
Thus
Controversial issues related to sexual function are among the most important for forensic medical examination. These questions relate to the general determination of a person's gender and sexual orientation, the ability to copulate and conceive a child, as well as the fact of pregnancy and its termination, virginity in the investigation of crimes.
Disputes over these issues can arise in various situations, for example, in cases of divorce, rape, adultery, or when determining the paternity of a child. Forensic experts conducting examinations to resolve these complex issues must be high-level professionals and have significant experience in the field of forensic medicine.
One of the most controversial issues is the determination of gender. This problem may arise in cases of doubt or lack of documents confirming gender
The topic of this article will be little-known problems that arise when conducting a forensic medical examination in controversial cases (the resolution of which occurs in cases where the reliability of the primary data is impossible, ambiguous or outdated and requires additional analysis of the results).
The main purpose of the article is to reveal problematic issues when a forensic expert performs work on a particular case. The author will come to the conclusion that it is necessary to significantly rethink the existing practice of conducting such examinations, and will propose a reasoned approach as a possible alternative to current research in order to improve the quality of decisions made by the court when determining the roles of participants in controversial cases.
Taking into account the presented arguments, it is necessary to highlight the existing and most common problems, the solution of which is closely related to the activities of forensic experts. Firstly, this concerns the stereotypical approach to assessing such well-known testimony of victims as loss of consciousness, misunderstanding, and in some cases even injury, through a superficial interpretation of the results of the examinations themselves. Secondly, attention should be paid to the problem of violation of the “specialty” by a forensic expert when conducting an examination of sexual crimes. In addition, the main question has not been resolved: is it even possible to conduct any psychological and physiological examination without violating the established boundaries of the law, which leads to unnecessary legal incidents. This document will attract greater attention in the legal world as the issues raised here invariably involve the most