62 STATEMENT Statement on Virginity Testing Independent Forensic Expert Group* Introduction adjudicators, healthcare professionals and Virginity testing (also referred to as virginity policy makers, among others, with an examination) is a gynaecological examination understanding of the physical and psycho- that is intended to correlate the status and logical effects of forcibly conducting virginity appearance of the hymen in females with examinations on femalesii and to assess previous sexual contact to determine whether, based on these effects, forcibly whether a female has had or is habituated to conducted virginity examinations constitute sexual intercourse. The exam is conducted cruel, inhuman, or degrading treatment or by visual inspection of the hymenal region, torture. This medico-legal statement also and is often combined with a ‘two-finger addresses the medical interpretation and test’, which involves the insertion of one or relevance of such examinations and the more fingers into the vagina to assess the size ethical implications. This opinion considers of the vaginal opening and to check the an examination to be ‘forcibly conducted’ degree of vaginal penetrability.i when it is “committed by force, or by threat Virginity examinations are practiced in of force or coercion, such as caused by fear many countries, and often forcibly, in a of violence, duress, detention, psychological number of contexts, including in detention oppression or abuse of power, against such places; on women who allege rape; on person incapable of giving genuine women who are accused by authorities of consent.”iii, 1 prostitution; and as part of public or social While this opinion concerns itself with the policies to control sexuality. In other states, medico-legal implications of forcibly conduct- the practice is illegal. ed virginity examinations, many of the facts The purpose of this medico-legal and issues addressed herein are generally statement is to provide legal experts, applicable to all virginity examinations. The opinions expressed in this statement *) Djordje Alempijevic, Rusudan Beriashvili, Jonathan are based on international standards and the Beynon, Ana Deutsch, Maximo Duque, Pierre Duterte, experiences of members of the Independent Adriaan van Es, Ravindra Fernando, Sebnem Korur Forensic Expert Group (IFEG) in docu- Fincanci, Steen Holger Hansen, Lilla Hardi, Hans Petter Hougen, Vincent Iacopino, Peter Mygind Leth, Said menting the physical and psychological Louahlia, Maria Cristina Mendonça, Jens Modvig, effects of torture and ill-treatment. Consist- Maria-Dolores Morcillo Mendez, Önder Özkalipci, Jason Payne-James, Jose Quiroga, Ole Vedel Rasmussen, Hernán Reyes, Sidsel Rogde, Antti Sajantila, Daya i Virginity examinations do not include similar Somasundaram, Jørgen Lange Thomsen, Morris Tidball- examinations conducted for other purposes such as body Binz, Felicitas Treue, Peter Vanezis, Duarte Nuno Viera cavity searches, although the facts and issues addressed in this statement may be applicable to the latter. Correspondence to [email protected] ii This statement focuses on virginity examinations forcibly conducted on postpubescent females (women). For full details about the Independent Forensic Expert It does not address the particular and specialised Group please visit http://www.irct.org/our-support/ concerns relating to prepubescent females. medical-and-psychological-case-support/forensic-expert- iii The International Criminal Court has adopted this TORTURE Volume 25, Number 1, 2015 Volume TORTURE group.aspx. standard on lack of consent in the crimes of rape. 63 STATEMENT ing of thirty-five preeminent independent against women who have previously engaged forensic specialists from eighteen countries, in sexual intercourse; and it has been used to the IFEG represents a vast collective suggest that those women are somehow experience in the evaluation and documenta- responsible for the acts perpetrated against tion of the physical and psychological them. evidence of torture and ill-treatment. Virginity examinations are often conduct- The IFEG provides technical advice and ed forcibly – without the consent of the expertise in cases where allegations of torture women or in circumstances where women and/or ill-treatment are made.iv Its members are not capable of giving genuine consent. are global experts on and include several This may be presumed to be the case when authors of the Istanbul Protocol, the key examinations are conducted on women in international standard-setting instrument on detention, sometimes subsequent to allega- the investigation and documentation of tions of rape by victims or of prostitution by torture and ill-treatment.2 the authorities. IFEG members also hold influential A plethora of jurisprudence has found positions in and act as advisors to govern- the practice of virginity examination to ments, international bodies, professional violate international human rights standards. health associations, non-governmental In many countries, virginity examinations are organisations, and academic institutions explicitly prohibited or criminalised under worldwide on forensics in general and more the overarching national laws against sexual specifically on the investigation and docu- assault and rape. According to the United mentation of torture. Nations (UN) Rules for the Treatment of Women Prisoners and Non-custodial Background Measures for Women Offenders (the Virginity examinations are premised on a “Bangkok Rules”), women have the right not correlation between the practice of sexual to undergo screening in relation to their intercourse and immorality or criminal reproductive health history.3 deviancy. By nature, as they can only be The World Health Organization,4 the UN conducted on females and are generally only Special Rapporteur on Torture and Cruel, conducted on those who are unmarried, the Inhuman or Degrading Treatment or examinations are discriminatory. Punishment,5 and the UN Special Rappor- In the justice context, correlating teur on Violence Against Women, Its Causes virginity to purity elevates the repugnance of and Consequences6 all consider virginity sexual violence against women who are examination to be a form of sexual violence.v 25, Number 1, 2015 Volume TORTURE ‘virgins’. Yet, it similarly diminishes the In 2005, the UN Committee on the perception of the severity of sexual violence Elimination of Discrimination against iv See e.g., Independent Forensic Expert Group. v According to the World Health Organization, other Statement on Hooding. Torture. 2011; 21(3):186-189; forms of sexual violence include, but are not limited to: Independent Forensic Expert Group. Statement on sexual slavery; sexual harassment (including demands for access to relevant medical and other health records and sex in exchange for job promotion or advancement or relevant legal records for forensic medical evaluations of higher school marks or grades); trafficking for purposes alleged torture and other cruel, inhuman or degrading of forced prostitution; forced exposure to pornography; treatment or punishment. Torture. 2012; 22 forced pregnancy; forced sterilisation; forced abortion; (Supplementum 1):39-48. forced marriage; and female genital mutilation. 64 STATEMENT Women expressed concern that certain and suffering in almost all instances. When provisions of the Civil and Penal Codes of undertaken in a detention setting, they can the Republic of Turkey permitted virginity be particularly traumatic because of the ease examinations to be conducted on women in which the state exploits these women’s without their consent.7 In 2010, the UN vulnerability and weakened resistance.10 Committee against Torture expressed The pain and suffering caused by forcibly concern that judges and prosecutors in conducting virginity examinations may Turkey could order a virginity examination manifest as severe emotional pain, as well as in rape cases against the will of women.8 fear, a sense of powerlessness or denial. The European Court of Human Rights Irrespective of the findings of these examina- in 2009 held that two women in police tions, conducting them forcibly also leads detention were subjected to severe ill-treat- women to feel intense humiliation, self-dis- ment when they were forced to submit to gust, and worthlessness. Women are often virginity examinations without their consent, stricken by apathy, emotional numbing, and purportedly subsequent to allegations of withdrawal, which contribute to difficulties sexual violence.9 As a result of the forcibly in functioning normally in daily life. conducted virginity examinations, both Due to their sexual and invasive nature, women suffered from post-traumatic stress forcibly conducted virginity examinations are disorder, and one of them suffered from likely to cause severe and lasting psychologi- serious depressive disorder.vi cal symptoms and disabilities that do not respond to the passage of time as quickly as Physical and Psychological Effects other forms of physical and mental violence. A. General Effects Long-term psychological conditions A number of physical and psychological include anxiety, depression, and the symp- effects result from the act of conducting toms of post-traumatic stress disorder – virginity examinations forcibly on women. among them, recurrent and distressing These examinations can cause physical pain, memories or nightmares; severe emotional and can lead to damage to the hymen, distress and physical reactions; negative bleeding, and to infection. Psychologically,