Does This Inaccurate Medical Report Ruin My Chances of Reporting My Sexual Assault?

Question

I was sexually assaulted so I went to a sexual health clinic to get tested for STDs. I was sexually assaulted when a man penetrated my v****a with his finger after masterbating.

I said to the first clinician "I was sexually assaulted and I am worried that I may have contracted HIV, especially since the man was bisexual"

I just received my complete file from there (I requested a copy of it). Under Staff Notes the clinician wrote "Advised HIV test for unprotected coitus with bisexual male." She did not include that it was a sexual assualt.

The second time I went (new clinician this time), I clarified more and said "I was sexually assaulted when a bisexual male penetrated my v****a with his finger." This time, this clinician wrote "Sexual Assault--'He fingered me." A few lines later she wrote "First coitus at 19" (They have to put down at what age you lost your virginity.)

How come she has to "dumb down" my description and quote me as saying "fingered" but then she can be professional and use the term "coitus"? I NEVER used the term "fingered", especially to describe my sexual assault. It is a slang term that usually implies consent.

Why did the first clinican assume that it was a vaginal/penile s*x assault? Doesn't she know that you can be sexually assaulted other ways besides having a p***s put into your v****a? Did she want to sound professional by saying "coitus"? Shouldn't she have asked what the assault entailed?

Am I being too Type A about this? The file makes me look childish, promiscuous, uneducated, and makes the assault look questionable. A defense attorey would grab onto the "unprotected coitus with bisexual male" and say that that was a separate consetual act. He would say "So you voluntarily had s*x with a bisexual but then you are upset when a bisexual puts his finger inside you?" He would say "You called it "fingered" which implies consent. The file makes me look like an idiot. It also might look like I lied at exaggerated the assault, calling the digital penetration a penile penetration.

It is just all messed up. Am I over-reacting? It is just that I am thinking of pressing charges but now I don't want to because my file is completely messed up.

I don't want to report it now because my medical record makes me looks like a liar. A defense attorney would have a field day tearing it apart.

What are your thoughs? Should I go have my file ammended next week? If so, what should I say in the paragraph that I submit?

Answer 1

Your question is reproduced here to preserve the original fact pattern you presented to which this answer applies:

"Does This Inaccurate Medical Report Ruin My Chances of Reporting My Sexual Assault?"

I was sexually assaulted so I went to a sexual health clinic to get tested for STDs. I was sexually assaulted when a man penetrated my v****a with his finger after masterbating.

I said to the first clinician "I was sexually assaulted and I am worried that I may have contracted HIV, especially since the man was bisexual"

I just received my complete file from there (I requested a copy of it). Under Staff Notes the clinician wrote "Advised HIV test for unprotected coitus with bisexual male." She did not include that it was a sexual assualt.

The second time I went (new clinician this time), I clarified more and said "I was sexually assaulted when a bisexual male penetrated my v****a with his finger." This time, this clinician wrote "Sexual Assault--'He fingered me." A few lines later she wrote "First coitus at 19" (They have to put down at what age you lost your virginity.)

How come she has to "dumb down" my description and quote me as saying "fingered" but then she can be professional and use the term "coitus"? I NEVER used the term "fingered", especially to describe my sexual assault. It is a slang term that usually implies consent.

Why did the first clinican assume that it was a vaginal/penile s*x assault? Doesn't she know that you can be sexually assaulted other ways besides having a p***s put into your v****a? Did she want to sound professional by saying "coitus"? Shouldn't she have asked what the assault entailed?

Am I being too Type A about this? The file makes me look childish, promiscuous, uneducated, and makes the assault look questionable. A defense attorey would grab onto the "unprotected coitus with bisexual male" and say that that was a separate consetual act. He would say "So you voluntarily had s*x with a bisexual but then you are upset when a bisexual puts his finger inside you?" He would say "You called it "fingered" which implies consent. The file makes me look like an idiot. It also might look like I lied at exaggerated the assault, calling the digital penetration a penile penetration.

It is just all messed up. Am I over-reacting? It is just that I am thinking of pressing charges but now I don't want to because my file is completely messed up.

I don't want to report it now because my medical record makes me looks like a liar. A defense attorney would have a field day tearing it apart.

What are your thoughs? Should I go have my file ammended next week? If so, what should I say in the paragraph that I submit?

There is no quick answer to your question.

As you believe you have been sexually assaulted, you may benefit from counseling with medical professionals and you should seek it regardless of your perception concerning the legal strength of your case.

Your fact pattern lacks certain details that may be relevant.  The circumstances around which the alleged male perpetrator was "masterbating" [sic] and "then penetrated my v****a with his finger" is missing.  Were you involved in consensual sexual or intimate relations with the person prior to the nonconsensual act?  Without those details it's difficult to draw any preliminary conclusions on how reasonable your claim may appear to the casual observer and to law enforcement.

But you aren't the one that has to make a case in court.  A prosecutor (assistant District Attorney or State's Attorney) does.  You must first report the alleged criminal activity to a law enforcement activity-- usually your local police station that would then investigate.  Usually you are advised to submit to a physical examination that can preserve physical evidence of the alleged assault.  In fact, as soon as immediately practical after an alleged sexual assault one should call the police.  It's the job of the police to investigate the alleged criminal activity and refer it to the state's prosecutor for court involvement.

A clinic might be able to note that you suffered bruising or tearing (if it's there) but no doctor can ascertain that such injury was caused by nonconsensual sexual activity.  It's entirely possible for a woman to injure herself through overly-vigorous masturbation-- or even injure herself on purpose for whatever reason.  Consequently, you can't assume that a clinician's report will make your case for you-- especially where the alleged nonconsensual act was penetration with a finger-- and presumably not involving the male's secretions.  The exact wording of certain areas of the report aren't from you.  The reference to "coitus" where the was none can easily be explained as the clinic's misinterpretation of what you said.  The report doesn't form the basis of your complaint but merely attempts to provide evidence corroborating it.  The clinician's mistake doesn't invalidate your claim that you were sexually assaulted

In your case, what the clinician's report says is probably of little value unless it specifies that you have suffered physical injuries consistent with forced penetration.  But if the report doesn't say that, you can't ask them to change it so that it does.  Your attempt to have changes made to the report work against you-- not for you.  The medical exam is what it is.  Leave it at that.

Again, any defense attorney will be fighting against the state's prosecutor.  You should report this violation even if you personally don't believe you have enough evidence to substantiate the claim.   The police may be able to obtain evidence that isn't available to you or the report itself may prompt a change in future behavior by the alleged perptrator.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]