Medical Findings and Child Sexual Abuse
Richard A. Gardner
IPT Vol 5, 1993
Richard A. Gardner is a psychiatrist, author, publisher, and lecturer
at 155 County Road, P.O. Box 522, Cresskill, NJ, 07626-0317. This
selection is adapted from his 1992 book, True and False Accusations
of Child Sex Abuse: A Guide for Legal and Mental Health Professionals.
Cresskill, NJ: Creative Therapeutics.
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ABSTRACT:
Physicians are increasingly being asked to conduct examinations
to determine if there is physical evidence that a child has been
sexually abused. Unfortunately, a common practice for many physicians
has been to form conclusions about abuse on the basis of vague
physical findings and In the absence of information outside of
the fact that someone believes the child has been abused.
Recently, however, there has been research on the characteristics
of the genitals of normal, non-abused children. This research
provides the baseline information needed to evaluate physical
findings.
This research is described, the terms used in medical reports
are defined, and the physical findings which may be indicative
of sexual abuse are discussed.
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[Introduction]
Up until a few years ago there was very little published in the
medical literature on the physical findings consistent with child
sex abuse. There was even less published on normal findings in
non-abused children.
Moreover, there were no extensive studies on what the hymen of
the non-abused child looks like. Some physicians claimed that
the normal hymen is circular and that any irregularity meant something
had been inserted into the vaginal canal. Although others maintained
that there is a wide variety of irregularities within the normal
range, they were unable to provide specific experimental data
regarding the frequency of these irregularities.
There was even controversy regarding the size of the normal hymenal
ring at various ages. Until recently, there were no extensive
studies in which measurements were taken. And even the studies
that were done were flawed by the fact that the investigators
failed to consider that the hymenal orifice varies in size with
the position the child assumes when the examination is being conducted,
as well as with the degree to which the child's legs are spread
by the examiner.
Similarly, there was no good information regarding the differences
between the normal anus and the anus that has been subjected to
sexual abuse. The necessary baseline studies had not been done.
In spite of this relative ignorance, physicians have been asked
with increasing frequency to provide the definitive "proof"
regarding whether or not sexual abuse has taken place. This has
been the case even though most people who are knowledgeable about
child sex abuse recognize that often there will be no physical
findings because the perpetrator has not done anything more than
caress and fondle the child. However, the need for such verification
has been strong, so strong that the objectivity of both those
who make the request and those physicians who have responded has
been compromised.
In response to this need, pediatricians, pediatric gynecologists,
and people from other branches of medicine (such as internal medicine
and family practice) have become "experts" on child
sex abuse in recent years. Those who generally confirm sex abuse
are attractive to prosecutors, who can rely on them to provide
the "definitive medical evidence," that is, the "proof"
that sex abuse indeed took place.
Those who rarely find sex abuse are likely to be engaged by defense
attorneys who invite them to testify that the child is "normal"
and that there was "no evidence for sex abuse." Although
there are people who claim that they are completely neutral, my
experience has been that most people who are doing this kind of
work have a reputation (whether warranted or not) for being in
either of the two camps.
There are doctors (even pediatricians) who claim that any inflammation
of a little girl's vulva is a manifestation of sex abuse. Most,
however, note that this is an extremely common finding and can
result from sweat, tight pants, certain kinds of soap, and the
occasional mild rubbing (sometimes masturbatory) activity of the
normal girl.
There are some who maintain that the normal hymen is a perfect
circle (or close to it) without any irregularities. It follows,
then, that if any irregularities are found, these must have been
artificially created by the insertion of something, possibly a
finger, possibly a penis, or possibly something else (like a crayon
or pencil). There are others who claim that the normal hymen is
most often not a circle and there are irregularities, tags, and
bumps. They believe that these irregularities (sometimes referred
to as serrated hymenal orifices) are within the normal range of
hymenal variation.
Some claim that a three-year-old girl's vagina can accommodate
an adult's fingers and even penis without necessarily showing
signs of physical trauma, other than the production of the aforementioned
irregularities, tags, and bumps. Others maintain that the insertion
of an adult male penis into a three-year-old girl's vagina will
produce severe pain, significant bleeding, and deep lacerations,
and that the insertion of crayons and pencils at that age is extremely
rare because of the pain and trauma that such insertion will produce.
There are significant differences of opinion regarding what is
the normal size of the hymenal opening, and this, of course, bears
directly on the question of abuse. Most experts agree that there
have not been large studies of many children at different ages
with regard to what the normal hymen looks like, its size, and
whether or not it is indeed circular.
Furthermore, all agree that the older the child, the greater
the likelihood the vaginal opening will accommodate a penis without
significant trauma. Thus, by the age of nine or ten, one does
not get the same degree of trauma that is found at younger ages.
Most agree, as well, that children of nine and ten, whose vaginal
orifices are still small, could still be brought to the point
of intercourse with an adult by gradual stretching of the vagina
in the course of repeated experiences in which progressively larger
objects (fingers, and ultimately a penis) are inserted.
Some physicians believe that a certain type of dilatation ("winking")
of the anal mucosa is pathognomonic of penile penetration into
the anus. There are others who claim that such dilatation is normal.
(Here I am with the group that holds that such puckering is most
often normal and is not a manifestation of sex abuse.)
The net result of this situation is that there may be sharply
divided opinions among physicians regarding whether a particular
child has been sexually abused. However, this does not stop each
side from bringing in a parade of adversary physicians who predictably
provide the "proof" that the child was sexually abused
or that there is "no evidence" of sexual abuse. Another
result of this situation is that many doctors are making a lot
of money, because providing court testimony can be quite remunerative.
Definition of Terms
I will focus here on several terms that are often seen in reports
of physical examinations of children being evaluated for sex abuse.
Because girls are much more frequently subjected to sex abuse
than boys, and because controversies regarding the signs of sex
abuse are much greater in girls than boys, most of these comments
relate to the physical examination of girls. It is assumed that
the reader has a basic familiarity with the female genitalia and
is familiar with such terms as labia majora, labia minora, clitoris,
urethral meatus (orifice), hymenal orifice, and vaginal walls.
Examination Positions
Most often there are two positions described for a girl's examination,
the supine frog-leg position and the prone knee-chest position.
When examined in the supine frog-leg position, the child is on
her back with her legs spread apart in "frog-leg" fashion.
In the prone knee-chest position, the child's abdomen is close
to the table and she is supported by her knees and chest.
McCann (1988) emphasizes the importance of the child's chest
touching the table and the child's back being in a relaxed position.
Examination of the vagina and cervix (without the use of a speculum)
is more easily accomplished in young children in the prone knee-chest
position. Sometimes a third position is utilized, the supine knee-chest
position. Here the child lies on her back, puts her legs together,
flexes her thighs at her hips, and is asked to hug her knees to
her chest.
Hymenal Configurations
There are a wide variety of hymenal orifices and configurations.
So great is their variation that some orifices do not easily lend
themselves into being categorized. Furthermore, there is no strict
standardization with regard to the names of the various kinds
of openings. Accordingly, different examiners may use different
names for the same hymenal configuration. The way in which the
child is positioned may affect the hymenal configuration and thereby
affect the name used by the examiner. I describe here the most
common types of vaginal orifices. Next to each name I have placed
in parentheses other terms that are often used for the same configuration.
Annular (Circumferential, Cuff-like, Central) This is the simplest
configuration. The hymenal orifice is represented by a relatively
even circle. Basically, it is a circular hole that can vary in
diameter from almost a pinpoint to an enlarged orifice that leaves
practically no hymen at all, only a rim. The cuff-like configuration
is also annular, yet there is a thickening at the circumference
of the orifice. Most competent examiners agree that the perfect
circle type of hymen is not common.
Crescentic (Horseshoe, U-Shaped, Posterior Rim, Semilunar) The
hymenal orifice is represented by a half-moon or crescent. The
bottom of the U-shape, however, is at the posterior position (closest
to the anus). The hymenal tissue, then, can appear as if it were
hanging down from above (the anterior position).
Redundant (Denticular, Folded, Fimbriated, Serrated) Here the
configuration is one in which tooth-like (denticular) tags of
varying size project into the hymenal orifice. When these are
relatively small, they give a saw-tooth (serrated) appearance.
Because they are directed inward from the hymenal rim, they are
called fimbriated (fringed).
The redundant configuration is quite common. The hymenal tissue
projections are commonly referred to as tags and bumps. Estrogen
has the effect of thickening the hymen and increasing the formation
of these redundant projections into the hymenal orifice. Accordingly,
the prepubertal girl is likely to have more such redundancies
than younger girls. The spaces between these projections are often
referred to as notches and clefts. These are to be differentiated
from tears and lacerations, which suggest the insertion (partial
or complete) of some object (animate or inanimate) beyond the
hymen into the vaginal cavity. Whereas notches and clefts do not
extend outward to the base (or periphery) of the hymen, tears
and lacerations frequently do. And this is one of the important
differentiating criteria between them. Furthermore, notches and
clefts have rounded edges, whereas tears and lacerations have
sharp edges.
Vascularity of the tissue around notches and clefts is even,
smooth, and continuous with the vascularity and color of the rest
of the hymen. Just as estrogen increases redundancy, it also has
the effect of thickening the hymen and obscuring thereby the fine
lacy vascular pattern typical of younger girls. This thickening
also results in a loss of the translucency of the hymenal tissues,
and the thickening gives the appearance of rounding of the edge
of the hymenal membrane. Tears and lacerations are surrounded
by tissue of different color, depending upon the period between
the trauma and the time of the examination. The terms healed tears
and scars are used to refer to stages of healing. I will comment
further on these terms in the sections below.
Septate A septum is a partition or a dividing wall between two
spaces or cavities. A septate hymen with one or more partitions
(usually vertical) will result in two or more parallel (but also
vertical) orifices.
Slit-like The hymenal orifice is represented by a thin slit,
almost completely occluding communication between the vagina and
the exterior.
Punctate (Cribriform) In this configuration there are multiple
extremely small (pinpoint) orifices.
Imperforate Here there is no hymenal orifice at all. This may
not cause difficulties prior to puberty. After the child stats
menstruating, however, incision of the hymen is necessary if there
is to be proper release of the menstrual flow.
The term anterior is used to refer to that past of the hymen
that is closest to the front of the body, and the term posterior
to that part of the hymen that is closest to the back of the child's
body. Commonly, the site of a particular observation is described
by visualizing the hymenal ring to be like the face of a clock.
Accordingly, 12:00 o'clock would be the most anterior position;
3:00 o'clock the position closest to the child's left side (the
examiner's right); 6:00 o'clock, the position closest to the child's
anus; and 9:00 o'clock the position closest to the child's right
side (the examiner's left). There is a widespread belief that
attempts to insert an object (animate or inanimate) into the child's
vagina is more likely to produce trauma to the posterior rim of
the hymen, namely, in the range from the 3:00 to 9:00 o'clock
position.
Sometimes examination of the hymen may be compromised by the
presence of labial adhesions. These cause a sticking together
of adjacent parts of the labia minora. Sometimes the attachment
is by fibrous bands, and sometimes merely by a sticking together
of labial tissue. These are so common that they are generally
considered to be in the normal range. Most competent examiners
would not consider them, per se, to be a sign of sex abuse.
Additional Terms
Here I define further terms frequently seen in reports by examiners
assessing for sex abuse.
Labial adhesions This term refers to the "sticking together"
of the labia minora and/or labia majora. Other names for the same
phenomenon include labial agglutination, vulvar fusion, vulvar
synechiae, gynatresia, coalescence of the labia minora, and occlusion
of the vaginal vestibule. Labial adhesions are usually seen between
the ages of two months and seven years. They are generally considered
to be the result of poor hygiene, a mild vulvitis, or mechanical
irritation along with hypoestrogenism (McCann, Voris, & Simon,
1988).
Synechiae This refers to a pathological union of parts. It is
synonymous with the word adhesion. It is best viewed as a sticking
together of parts that should be separate from one another. Infection
and irritation can cause synechiae.
Posterior fourchette A fold of mucous membrane just inside the
point of posterior conversion of the vulva (labia majora).
Examining Instruments
Because the hymenal structures are so small (the average normal
hymenal orifice of a three-year-old is 4-5 mm) and because measurements
may be difficult, variable, and somewhat subjective, visualization
aids are often used. One such aid is the traditional otoscope.
Although designed for examination of the ears, it has proven useful
in the genital examination as well. It is basically a flashlight
with a cone-shaped attachment and magnifying glass that, at the
same time, focuses a beam of light on the area to be examined
and allows the examiner to have a magnified view of what is being
seen.
A superior instrument is the colposcope. The colposcope is a
pair of mounted binoculars which can be mounted on a tripod or
suspended from a movable mechanical arm. It generally magnifies
from 10 to 20 times. The colposcope allows for visualization of
structures that may not be visible to the naked eye. The colposcope
is also equipped with an internal light for better visualization.
It includes a green filter that assists in the examination of
the vascular bed. Finkel (1989) states: "The green light
improves visualization of scar tissue and alterations in the vascular
pattern of the hymenal membrane and perihymenal tissues."
Special cameras can be used to take photographs through the colposcope.
The terms colposcopy and colposcopic examination refer to the
procedure in which the colposcope is used. McCann (1990) has written
an excellent description of the colposcope and its use. Muram
and Elias (1989) have reservations about the colposcopy and do
not consider it significantly superior to the unaided eye.
The vaginal speculum is an instrument that allows for visualization
of the vaginal wall and the cervix. It is best visualized as a
split tube with a special handle. The tube is inserted into the
vagina and by squeezing the handle the tube expands, thereby widening
the vagina and allowing for visualization of the cervix and vaginal
wall, especially while the speculum is being removed. Although
it comes in various sizes, it is rarely used in the examination
of children. The insertion of a vaginal speculum into the vagina
of a child would be very painful, and even traumatic, especially
to the hymenal ring.
The Tanner Stages
The Tanner stages are used to describe objectively the developmental
level of the secondary sexual characteristics in children and
adults. The stage levels are divided into three categories: breast,
genitals, and pubic hair. For each of these there are five or
six stages, ranging from the most immature to the most mature.
For example, Stage I of pubic hair development is no pubic hair
at all. Stage II of breast development is the presence of a breast
bud, with elevation of the breast and nipple on a small mound.
Stage V of genital development in the male is a penis of adult
size and shape. Although the Tanner stage has little if anything
to do with sex abuse, the term is frequently seen in the medical
reports of children being evaluated for sex abuse.
The [Examination?]
Although the physical examination in cases of suspected sex abuse
will not be discussed in great detail here, there are some important
areas to consider in evaluating the significance of such an examination.
According to Muram (1989a), it is important for the examiner
to examine the child within one week of the alleged assault. It
is in that period that residual bruises and inflammation are more
likely to be present. Beyond that time these associated findings
are likely to disappear. The time between the alleged assault
and the examination should be noted in the report.
A common practice is for the physician who conducts the examination
to form conclusions about sex abuse purely on the basis of the
physical examination. The justification is that others should
be responsible for delving into the background information, which
can shed light on whether the sex abuse did indeed take place.
The doctor may claim, "I'm a doctor, not a detective. My
job is to describe medical findings; others concern themselves
with the investigation." I do not agree with this position.
When examining for the presence of other diseases, that same doctor
would certainly ask questions of one or both parents in order
to obtain a "history" and thereby get more information
about the disease under consideration.
Like most things in life, there is a continuum from the zero-to-hundred
level of involvement. A physician who only is concerned with the
physical examination is at the zero level in terms of getting
historical background information. Most physicians who examine
for sex abuse will go a little beyond that and get some information
from the party who brings the child, most often the mother. Usually,
such data collection does not occupy more than a minute or two.
Accordingly, there is little meaningful inquiry into the details
of the allegation and little opportunity to assess its credibility
and likelihood. I have never (I repeat never) seen a medical report
in which the examiner has seen fit to invite the alleged perpetrator
(even when the person accused is the father — the most common
case) to provide input.
Most often the examiner will state that the findings are "consistent
with sex abuse." However, I have seen reports in which the
alleged perpetrator is named, even though that party was not only
not seen but there wasn't even an invitation extended to provide
information. Such a practice is unconscionable and is worthy,
in my opinion, of a malpractice suit. Such a physician is basically
making a diagnosis on a person whom he or she has never seen.
I am certain that the same doctor would be very reluctant to write
any other diagnosis in a chart regarding a person who was not
directly examined.
The failure to get information from available alleged perpetrators
has caused much unnecessary grief. I cannot criticize such physicians
strongly enough. Although state laws generally require the physician
to report suspected abuse, they do not prevent the physician from
speaking with the alleged perpetrator before making a final decision
regarding whether a referral and investigation are warranted.
Furthermore, many of these physicians do not appreciate the degree
of ineptitude of the "validators" to whom they are referring
their patients. They seem to be operating under the delusion that
these people are competent in the area of differentiating between
true and false sex abuse accusations.
As physicians they are sworn to subscribe to the Hippocratic
oath in which they vow that they will "above all do no harm"
to their patients. There is no question that many of the children
who are referred to child protection services, evaluated by "validators,"
and others of that ilk are being seriously traumatized and that
the physician has played a role in contributing to such trauma.
I am not suggesting that physicians break the law. I am only suggesting
that they take the time to get more information before making
such referrals. I am also pointing out the common ineptitude of
those people to whom they are referring their patient for the
"final decision."
Physicians must also appreciate how their "impressions"
and statements (for example, "consistent with sex abuse"),
although not conclusive in their minds, are interpreted by many
lay people as the final "proof." In many cases "consistent
with sexual abuse" becomes transformed into "physical
evidence of sexual abuse." Perhaps if physicians appreciated
this more, they would be less quick to come to conclusions.
The measurement of the hymenal orifice is considered an important
part of the physical examination of girls suspected of being sexually
abused. It is important to appreciate how variable this finding
can be. It differs according to the examination technique used
(McCann, Voris, Simon, & Wells, 1990). Yet, there are people
who are in jail because of this one measurement. The horizontal
(transverse) diameter of the hymenal orifice is usually measured
in the supine frog-leg position. Many factors are operative in
determining what this diameter is. If the child is correctly positioned,
the heels will be placed just below the buttocks. Clearly, if
they are in another position, such as 12 inches below the buttocks,
a different measurement will be obtained.
The examiner must be sure that the child's heels are at the same
position assumed by those children on whom the normative data
were obtained. Then there is the variable of the degree to which
the child's legs are spread. Usually, an assistant stands next
to the child and slowly spreads the child's legs while distracting
and reassuring the child. Obviously, the greater the degree of
spread, the wider will be the hymenal orifice. However, even when
the legs are extended to the most extreme position that is comfortable,
the labia majora are usually still so close to one another that
the hymen will not be observable. Accordingly, the assistant generally
pulls the labia majora apart laterally and posteriorly in order
to allow hymenal visualization.
Obviously, there are varying degrees of such posterolateral traction,
and the greater the traction, the greater the expansion of the
hymenal orifice. Therefore, the assistant must attempt to apply
such traction to the same degree applied by those collecting the
normative data. A common standard is for the assistant to apply
traction at the mid-point of the labia majora to a point 1-1.5
cm on either side of the midline.
Furthermore, a lag must be allowed between the time of retraction
and the time of taking the measurement. There is usually a 1-2-second
period during which the hymenal ring must be allowed to dilate.
Competent examiners usually allow at least a 3-4-second time lag
in order to ensure that the hymenal ring is going to relax into
its resting position. McCann (1988) and McCann, Voris, Simon,
& Wells (1990) emphasize that the greater the traction on
the labia majora, the greater the width the hymenal diameter will
be, and this is one of the explanations for why different examiners
get different results when measuring hymenal openings. They also
point out that the vertical diameter is smaller in the supine
frog-leg position than it is in the prone knee-chest position.
A small millimeter ruler is then placed very close to the vaginal
opening. Obviously, any squirming by the child is going to compromise
the accuracy of this measurement. However, even under optimum
conditions, and even with strict reproduction of the positioning
used by those collecting the normative data, there is bound to
be some variability of measurement because of the minuteness of
the measurement being considered here. A millimeter is approximately
1/25 of an inch. Although the human eye is capable of discriminating
between, let us say, 4 mm and 5 mm, it is obvious we are dealing
here with a discrimination that is close to the edge of the capability
of the human eye (and brain). One has to consider also that the
distance of the examiner's eye from the hymenal orifice and the
distance of the ruler from the hymenal orifice can very well affect
the measurement perceived by the examiner.
I am convinced that if the same examiner were to examine the
same child on the following day, even when attempting to reproduce
exactly the conditions of the examination, there would be variability.
Furthermore, another examiner, again under the same circumstances,
is also likely to come up with a different measurement. The American
Academy of Pediatrics (1991) in its statement, "Guidelines
for the Evaluation of Sexual Abuse of Children," emphasizes
the aforementioned variability and impresses upon pediatricians
the importance of taking these variations into consideration when
making decisions regarding the normality or abnormality of the
size of the hymenal orifice.
The prone knee-chest position is generally used to measure the
vertical diameter of the hymen. Here, too, lateral traction is
required if one is to properly visualize the hymen and there is
great variability regarding the child's positioning and the degree
of lateral traction. Again, standardization is necessary. McCann
(1990) states: "The head is turned to one side with the forearms
resting on either side of the head. The knees are separated 6-8
inches and maintained in 90 degrees of flexion. The examiner's
thumbs are then placed beneath the leading edge of the gluteous
maximus at the level of the vaginal introitus and the posterior
portion of the perineum is lifted, revealing the hymenal orifice."
Obviously, the examiner who does not follow this procedure exactly
will obtain different measurements of the hymenal orifice. Examination
in the prone knee-chest position allows the hymenal tissues to
fall forward and thereby provides better visualization of the
full circumference of the hymenal orifice than is generally possible
in the frog-leg position. Horowitz (1987) provides a good general
statement of procedures for conducting a pediatric examination
for sex abuse, as does the American Academy of Pediatrics, Committee
on Child Abuse and Neglect (1991).
What are Normal Genital Medical Findings?
Female Genital Findings
As mentioned above, it has only been in recent years that extensive
studies have been done to determine normal genital findings in
children. This belated interest relates to the rapid increase
in reports of sex abuse and the need for accurate data in order
to differentiate the normal from the sexually abused child. It
is my hope that the reader will now be impressed with the complexity
of the problem of obtaining normative data with regard to the
hymenal orifice, and will be even more overwhelmed by the complexity
of the problem after a discussion of the wide variety of seemingly
pathological configurations that are found in normal children,
First, with regard to data collection on the size of the normal
hymenal orifice, one of the problems attendant to conducting such
studies is that of knowing with certainty that the children studied
were not abused. It is impossible to "prove" that "something
didn't happen." The greater the number of children included
in a study, the greater the likelihood the findings will be credible.
However, the greater the number of such child subjects, the less
the likelihood that each of them was studied in depth with regard
to whether or not they were sexually abused.
The fact that children were taken from a "normal population"
of youngsters who were not referred for abuse is no guarantee
that some of the subjects being studied were not abused. This
is one of the criticisms directed at such studies, especially
by those who tend to diagnose sex abuse in the vast majority of
patients refereed to them. These individuals are likely to use
as criteria findings that other observers would consider to be
in the normal range. This is one of the major problems in this
field, and it is a significant source of controversy.
Goff, Burke, Rickenback, and Buebendorf (1989) studied 273 prepubertal
girls as part of their routine health assessment. They measured
horizontal diameters only in the supine knee-chest position and
the supine frog-leg position. No measurements were made in the
prone knee-chest position. The girls ranged in age from under
age 1 to age 7. This study, as is true of most studies, confirmed
that the vaginal orifice increases in size with age. The authors
found that the horizontal hymenal diameter was generally larger
when measured in the supine knee-chest position than in the supine
frog-leg position. Interestingly, an orifice greater than 4 mm
in horizontal diameter was rare. The study is a very good one,
especially because the authors describe in great detail the exact
positioning of the children prior to measurement.
McCann, Wells, Simon, and Voris (1990) studied 93 girls between
the ages of 10 months and 10 years. Whereas Goff et al. (1989)
used direct visual measurements, McCann et al. (1990) used a colposcope.
McCann et al. took both vertical and horizontal measurements in
the supine position with labial separation, the supine position
with labial traction, and the prone knee-chest position. McCann
et al's findings are different from those of Goff et al., in that
the hymenal orifices were typically larger. There was only one
mean measurement below 4.0 mm, and that was the horizontal measurement
in the supine labial separation position, namely, 3.9 + 1.4 mm.
The largest finding was for the 8-year-old girls in the 8-l0-year
group in the prone knee-chest position, namely, the vertical diameter
of 8.7+2.6 mm. Considering these extremes, one can see that the
range of the means goes from 3.9 to 8.7 mm.
Accordingly, physicians who believe that any measurement over
4 mm is indicative of sex abuse (which would be suggested by Goff
et al.'s studies) would not find support in McCann et al.'s studies.
Both are competent examining teams and both have written articles
that are very impressive. Yet, they would be quoted by adversaries
in a courtroom dispute regarding whether or not sex abuse took
place.
Finkel (1989) holds that a transverse hymenal diameter of greater
than 5 mm is suggestive of sexual abuse. However, because of the
unreliability of such measurements, repeated measurements must
be taken before coming to a conclusion. He also emphasizes that
the position of the child and the degree of relaxation are important
factors in determining the measurement.
Another reliable study was conducted by White, Ingram, and Lyna
(1989). Their subjects were 242 females, ages 1-12. Three groups
were studied: (1) sexually abused, (2) no history of sexual contact,
but at risk, (3) non-abused. Transverse diameters only were obtained
with patients in the supine frog-leg position. Lateral tension
was applied to the hymenal opening. Measurements were made by
visualization of a measuring tape held over the hymenal orifice
or by a cotton-tipped applicator. They found that 88% of children
who complained of penile/vaginal penetration had a vaginal introital
diameter of greater than 4 mm, as compared to 18% of children
who described no such penetration. They concluded that a vaginal
introital diameter of greater than 4 mm is highly associated with
sexual contact in children less than 13 years of age.
It is important to appreciate that the transverse diameter of
the average adult erect penis is approximately 3.5 cm (35 mm)
and an index finger is approximately 1.5 cm (15 mm) wide. Accordingly,
the insertion of either of these into a hymenal orifice of 5 mm
will invariably cause significant widening and, certainly in the
younger girl, pain and trauma. Accordingly, when a three-year-od
girl claims that an alleged perpetrator inserted his penis into
her vagina and the vaginal examination reveals a diameter of,
for example, 7-8 mm, it is extremely unlikely that the penetration
being described actually took place. The more likely explanation
is either examiner error or the hymenal orifice is at the upper
end of the normal bell-shaped curve of hymenal diameters.
McCann, Wells, Simon, and Voris (1990) describe other observations
relevant to the problem of differentiating the non-abused from
the sexually abused children. For example, some claim that rolled
hymenal edges are a manifestation of sex abuse. However, McCann
et al. found that the rolled edge is much more commonly seen in
the supine positions, but tends to disappear in the knee-chest
position. Finkel (1989), in contrast, states that rounded hymenal
edges are one of the results of the effects of estrogen in the
prepubertal girl and are more likely to be visualized in the knee-chest
position. This not only says something about the importance of
positioning, but also says something about rolled edges as a sign
of sex abuse.
With regard to hymenal configuration, McCann et al. (1990) found
crescent (36%),
concentric [annular] (32%),
septate (1%),
cribriform (0%),
imperforate (2%).
In 17% of the subjects he was unable to determine the exact configuration
because of redundancy of hymenal tissues and the failure of the
hymenal orifice to open. These findings lend confirmation to those
who claim that a perfectly circular hymen is not the only configuration.
With regard to the hymenal edge, he found the following:
smooth (26%),
irregular (25%),
redundant (25%), and
angular (8%).
Again, these findings lend support to those who hold that there
is great variation in the configuration of the hymenal orifice.
In the traction frog-leg position, with regard to some of the
"abnormalities" sometimes considered manifestations
of sex abuse, he found the following:
thickened hymenal edge (53.8%),
localized roll of the hymenal edge (23.8%),
hymenal mounds (33.8%),
hymenal projections (33.3%),
hymenal tags (24.4%),
peri-hymenal bands (16%),
septal remnants (8.6%),
hymenal septa (2.5%),
hymenal notches (6.6%),
hymenal synechiae [adhesion of the hymen to adjacent tissues]
(2.4%).
Some claim that the normal hymen is regular in its vascularity
and any areas of vascular irregularity, areas in which the vascularization
is different from surrounding tissues, is strongly suggestive
of healed tears and other signs of sex abuse.
McCann et al. (1990) found irregular vascularity in
31.3% of those children examined in the separation frog-leg position,
30.9% in those children examined in the traction frog-leg position,
and
28.9% of those when examined in the knee-chest position.
Aside from areas of irregular vascularity, they found areas of
isolated increase in vascularity in
13.9% of those examined in the separation frog-leg position,
16.0% of those examined in the traction frog-leg position, and
22.8% of those examined in the prone knee-chest position.
These findings strongly suggest that the vascular irregularity
criterion for sex abuse is improper and risky (especially for
those being falsely accused).
The McCann et al. study directs itself, as well, to the frequency
of other "abnormalities" sometimes considered manifestations
of sex abuse.
For example,
he found labial adhesions to be present in 38.9% and periurethral
bands in 50.6% of the children studied.
He found erythema of the vestibule to be present in 56% of the
children examined.
(The vestibule is the portion of the vulva bounded by the labia
minora. At the floor of the vestibule are [from anterior to posterior]
the clitoris, urethral orifice, and the hymen.)
As mentioned previously, vulval rashes are quite common in children.
These relate to poor hygiene, a wide variety of infections (not
necessarily related to sexually transmitted diseases), tight panties,
certain soaps, rubbing, scratching, and masturbation (to mention
the most common). I have been involved in a number of cases in
which these more common and likely causes of the erythema were
ignored and the examiner concluded that the findings were "consistent"
with sex abuse or even manifestations of sex abuse.
I have discussed in some detail the McCann, Wells, Simon, and
Voris (1990) research because it provides compelling evidence
that normal children exhibit a wide variety of variations, many
of which have been considered signs of sex abuse. It is of interest
that McCann et al.'s original group consisted of 114 girls, but
23 were excluded because of the early onset of puberty and the
possibility of undetected sexual abuse.
The list of behavioral manifestations that warranted their exclusion
from the study included nightmares, fears, moodiness, change in
school performance, truancy, and acting out behaviors (among others).
All of these could be seen in normal children (at least on occasion),
and many of these behaviors are manifestations of a wide variety
of childhood problems completely unrelated to sex abuse. There
are sexually abused children, however, who may exhibit one or
more of these behavioral manifestations.
To the best of my knowledge, McCann et al. did not conduct a
detailed inquiry regarding whether these behavioral manifestations
were signs and symptoms of sex abuse, were in the normal range,
or related to other causes. On the one hand, the exclusion of
all these children, simply on the basis of the presence of one
or more of these symptoms, made his sample "purer" —
thereby lessening the likelihood that sexually abused children
were included. On the other hand, he may have unnecessarily shrunk
his patient population, thereby lessening somewhat the credibility
of his findings and depriving himself of many subjects who were
not molested.
Anal Findings (Male and Female)
Anal and perianal findings are also a source of significant controversy.
One of the most widely known such controversies relates to the
anal examinations described by Hobbs and Wynne (1986, 1987). These
examiners claim that a pathognomonic sign of child sex abuse is
"reflex dilatation and alternate contraction and relaxation
of the anal sphincter or 'twitchiness' without dilatation."
One finding, also referred to as anal "winking," is
considered a pathognomonic sign of anal intercourse. As a result
of using this criterion, hundreds of children in England were
diagnosed as having been sexually abused, with the result that
121 children were removed from 57 families. It took a government
investigation to bring society to its senses and return these
children to their families.
McCann, Voris, Simon, and Wells (1989) studied 267 children (161
girls and 106 boys), ages 2 months to 11 years. They found anal
dilatation in 49% of the children, and the mean time of the initial
dilatation was 65 seconds. The anus opened and closed intermittently
in 62% of the subjects in which dilatation occurred. Accordingly,
about 30% of all the children studied exhibited the intermittent
dilatation and relaxation of the anal sphincter, which Hobbs and
Wynne considered a sign of sex abuse.
McCann et al. (1989) describe other anal findings in normal children
that are often considered signs of sex abuse. They found that
41% of their group exhibited erythema. There is no question that
children who have been sexually molested per anus will exhibit
erythema. But in this study, 41% of normal children exhibited
erythema as well. McCann et al. found increased pigmentation in
30%, another finding that is often considered a sign of sex abuse.
They found venous engorgement in 52% after two minutes in the
knee-chest position. Again, venous engorgement has also been considered
a sign of sex abuse. Anal tags and folds are also considered by
some to be indicative of sex abuse. These were found anterior
to the anus in 11% of the children studied. No abrasions, hematomas,
or fissures (common findings in sex abuse) were found.
What are the Genital Findings in Sexually Abused Children?
Studies of the anogenital findings in sex abuse are beset by a
number of problems. First, all knowledgeable investigators agree
that some children who have been genuinely abused sexually will
exhibit no medical findings. This relates to the fact that they
were caressed and touched in a way that would not be expected
to cause physical trauma. Another problem relates to the fact
that the investigators can never be sure that all the children
in the non-abused group studied were indeed never abused. There
is also the risk that some of the children in the abused group
were indeed not abused, but this is less likely. A third problem
relates to the fact that a wide variety of abnormalities are seen
in normal children, and the aforementioned studies of McCann and
his colleagues provide good verification of this. What we are
trying to find, then, are specific medical findings that are seen
only in abused children and not in those who have not been abused.
Female Genital Findings
Emans, Woods, and Flagg (1987) studied 305 girls. They were divided
into three groups:
(1) sexually abused (119 girls),
(2) normal girls with no genital complaints (127 girls), and
(3) girls with other genital complaints (59 girls).
The abused group was more likely to have
scars on the hymen or the posterior fourchette (9% vs. 1%, p
< 0.002),
increased friability (ease of bleeding) of the posterior fourchette
(10% vs. 1%, p < 0.001),
attenuation (stretching and thinning) of the hymen (18% vs. 4%,
p < 0.0003), and
synechiae (adhesions) from the hymenal ring to the vagina (8%
vs. 0%, p < 0.0009).
We see here that we are not dealing with a situation in which
a finding is present in the abused group and not present in the
non-abused. Rather, certain findings are more likely to be present
in the abused group than in the non-abused group. The obvious
problem with this kind of finding is that its presence then does
not necessarily mean that the particular child being examined
was abused.
Interestingly, Emans et al. (1987) found a wide variety of symptoms
to be present with equal likelihood in the abused group and the
non-abused group with other genital complaints. There was no statistical
difference between groups 1 and 3 regarding the frequency of abrasions,
hymenal tears, intravaginal synechiae, and condyloma acuminata
(venereal warts). This study, then, suggests that these particular
findings are not of diagnostic significance when attempting to
differentiate abused from non-abused children.
Interestingly, erythema (reddening) was more common in the non-abused
group than in the abused group (68% vs. 34%, p < 0.0001). There
was no statistical difference between the dimensions of the hymenal
opening of the abused and the non-abused group. One would certainly
expect a larger average hymenal opening in the abused group, but
this study did not confirm such a difference. Perhaps there were
too few girls in the 119 abused who had the kind of sexual molestation
that would produce an enlargement of the hymenal ring.
However, as Herman-Giddens and Frothingham (1987) point out,
"The hymen, contrary to common notion, is often a slack,
thick, folded, stretchable tissue which may persist after digital
or penile penetration."
The same authors hold that
"a vaginal opening of greater than 5 mm is not common and
may indicate vaginal penetration with a finger, object, or penis."
McCann (1988) states that 85% of preadolescent children who are
being molested are molested on a chronic, ongoing, and recurring
basis. Such molestation should, then, produce changes indicative
of chronic trauma. He emphasizes the importance of examination
for bruises in other parts of the body, in the nongenital area.
The mouth is a common site of lesions because the perpetrator
may have placed his hand over the child's mouth in order to stop
the child from screaming. Grab marks on the arms and inner thighs
are also strongly suggestive of sex abuse, especially thumb marks
on the inner aspect of the thigh, placed there when the child's
legs were forced apart.
McCann (1988) also observes that labial injury is common at the
time of rape because the labia majora are generally closed and
the perpetrator pushes his penis repeatedly against closed labia.
He believes that the most common area of hymenal injury is between
the 4:00 and 7:00 o'clock positions because the penis is forced
downward and backward. He emphasizes that children heal quickly
and that examinations after the first few days may not confirm
the abuse. Because the length of the vagina of four- and five-year-old
girls is only 4 cm, trauma to the vagina, cervix, and lower part
of the uterus is common.
McCann, Voris, and Simon (1988) studied six sisters, all of whom
had been sexually molested by male family members. All of these
girls had labial adhesions, and four of the six had changes in
the area of the posterior fourchette (a fold of mucus membrane
just inside the posterior commissure of the vulva). Furthermore,
four of the girls' hymens revealed abnormalities of the hymenal
edge (irregular, rolled, or septum) and three revealed irregularities
of the hymenal membrane (redundant, thick, scarred). Four exhibited
abnormal vascular patterns, and all six exhibited adhesions and/or
scars of the posterior fourchette. The labial adhesions in these
cases were associated with posterior fourchette changes and other
findings consistent with sex abuse.
The authors' position is that labial adhesions per se are not
indicative of sex abuse. However, if associated with other findings
suggestive of sex abuse, such as posterior fourchette trauma,
then it should be considered one such manifestation. We see here,
then, a situation in which a normal finding is considered a sign
of sex abuse under certain circumstances. In these six cases the
labial adhesions were associated with other findings indicative
of sex abuse. Furthermore, labial adhesions usually occur from
ages two to seven. In this case two of the girls were ages eight
and nine, beyond the age at which one usually sees labial adhesions.
Muram (1989a) divides the genital findings into four categories:
Normal-appearing genitalia.
Nonspecific findings.
Abnormalities of the genitalia that could have been caused by
sexual abuse, but also are often seen in girls who are not victims
of sexual abuse (e.g., inflammation and scratching). These findings
may be the sequelae of poor perineal hygiene or nonspecific infection.
Included in this category are redness of the external genitalia,
increased vascular pattern of the vestibular and labial mucosa,
presence of purulent discharge from the vagina, small skin fissures
or lacerations in the area of the posterior fourchette, and agglutination
of the labia minora.
Specific findings.
The presence of one or more abnormalities strongly suggesting
sexual abuse. Such findings include recent or healed lacerations
of the hymen and vaginal mucosa, enlarged hymenal opening of 1
cm, proctoepisiotomy (a laceration of the vaginal mucosa extending
through the rectovaginal septum to involve the rectal mucosa),
and indentations in the skin indicating teeth (bite) marks. This
category also includes patients with laboratory confirmation of
a venereal disease.
Definitive findings.
Any presence of sperm.
It is of interest that Muram (1989a) considers labial agglutination
to be a nonspecific finding, in that it does not necessarily indicate
sex abuse. Of importance in the third category, specific findings,
are hymenal tears that extend to the base of the hymenal ring
as to be differentiated from hymenal clefts which do not extend
that peripherally.
Muram believes that an astute examiner will do just as well with
the unaided eye as with the colposcope. Muram (1989b) studied
31 girls who were assaulted by 30 individuals, all of whom confessed
to having sexually molested them. Both the girls and the perpetrators
were in agreement that the sex abuse took place. Obviously, this
is a good study sample for ascertaining the physical effects of
sex abuse. It circumvents one of the aforementioned problems regarding
such studies, namely, the uncertainty regarding whether or not
the girl being examined was genuinely abused or was genuinely
in the non-abused category.
In 18 of the 31 cases the offender admitted to vaginal penetration.
However, specific findings were only to be found in 11 of these
18 girls (61%). In those girls in which penetration was denied
only 3 of 13 (23%) provided specific findings. However, the girls
ranged in age from 2 to 15, so it is not surprising that some
of the teenagers who experienced penile penetration did not have
physical findings of abuse.
It is of Interest that of the 31 girls, inflammation, bruising,
and irritation were seen in only 9, all of whom were evaluated
within one week of the assault. None of the girls evaluated one
week after the abuse had findings suggestive of inflammation.
Muram states: "If no tear of the hymen occurred, the examination
will fail to detect any abnormalities." This is an important
point. According to Muram, the most important specific sign of
sexual molestation Is hymenal tear, to the base, especially extending
into the vaginal canal. Other abnormalities, such as inflammation
and bruising, tend to heal within a week.
The most important observation Muram makes is that the most consistent
finding in bona fide sex abuse is laceration or tear of the hymenal
ring, down through the base, and extending often into the adjacent
vaginal wall. This sign is one of the most important for differentiating
genuine from fabricated abuse.
On occasion, a child may sustain significant genital injuries
associated with trauma to the perineal area as a result of falls
and fence or straddle injuries (Behrman & Vaughn, 1983; Paul,
1986). Here one may see the kinds of lacerations seen in sexual
abuse. One may also see abrasions and other forms of injury to
the perivaginal area. However, the time of the trauma is generally
well known to the child (and usually an adult), and there is nothing
else in the history to suggest sexual abuse.
Paul (1977, 1986) claims that penile penetration in younger children
will cause widespread injuries, including lacerations of the hymen,
vagina, and labia. There will be profuse bleeding and the child
will experience excruciating pain. This is an important point
because in many cases of fabricated sex abuse, the child will
describe no pain or minimal pain.
Anal Findings
McCann (1988) observes that children who have been subjected to
anal intercourse on repeated occasions suffer with a relaxation
of the external anal sphincter, but not of the internal anal sphincter.
Accordingly, there is a typical funnel-like appearance of the
anus on physical examination.
Finkel (1989) reports on seven children who had experienced acute
genital and anal trauma in association with sexual abuse. Some
of the more superficial manifestations of the trauma (abrasions,
superficial lacerations, contusions, and bleeding) were not apparent
after four days. In two of Finkel's seven cases, penile-anal penetration
was involved. In one case, Finkel described "superficial
lacerations of the anal verge tissues in anterior and posterior
midline positions each measuring 2 mm circumferentially and 3
mm in length." In the second case he described five mucocutaneous
superficial lacerations, some of which extended from the external
anal mucosa down into the anal canal.
Paul (1990) observes that, even with the use of a lubricant,
penile penetration of the anus will almost invariably result in
some injury to the anal verge. He stresses the importance of the
history, from the child, of severe pain — not only during
the abuse, but when the child next attempts to have a bowel movement.
He states: "This exacerbation of pain on defecation is an
almost invariable 'story' and is so impressed on the child's mind
that it is rarely forgotten" (p. 6).
Sexually Transmitted Diseases
The presence of a sexually transmitted disease (previously referred
to as venereal disease) is generally considered definitive evidence
for sex abuse. Of the wide variety of such diseases, the most
commonly found in sexually abused children are gonorrhea, syphilis,
Chlamydia, condyloma acuminatum, Trichomonas vaginalis, and herpes
1 (genital). However, it is important to appreciate that gonorrhea,
syphilis, and Chlamydia can be acquired perinatally from the mother,
and this must be given consideration before deciding that the
presence of such a disease automatically indicates sex abuse (American
Academy of Pediatrics, Committee of Child Abuse and Neglect, 1991).
The material for gonorrhea culture is generally obtained from
cotton swabs of the vagina, throat, and rectum. The organism may
sometimes be grown from cultures of the urine of suspected boys.
The urine can also be examined for Trichomonas infection. Tests
for syphilis are usually obtained from a blood sample. Vaginal
secretions can also be cultured for the presence of Chlamydia,
herpes, and Trichomonas. Vaginal secretions can be examined directly
(microscopically, with proper staining) for gonorrhea and Trichomonas.
Condyloma acuminatum is also referred to as genital warts and
venereal warts. It is caused by a virus called the human papilloma
virus (HPV). It is the most common viral sexually transmitted
disease in the United States and is now more common than herpes
(due to the recent rapid increase in its incidence). Because the
incubation period is approximately one month (Stewart, Stewart,
Guest, & Hatcher, 1987), the genital warts will not be observable
immediately after a child has been abused. The diagnosis is made
generally by direct observation, the warts usually appearing like
warts on other parts of the body, but they do extend into the
vaginal canal, cervix, and rectum. Sometimes the warts are inconspicuous
or completely invisible to the naked eye. Horowitz (1987) provides
an excellent protocol for the examination for sexually transmitted
diseases.
Although the presence of a sexually transmitted disease is strongly
suggestive of sex abuse, the disease may have been acquired by
the child in a nonsexual way. The problem in such situations is
that the suspect may also have the sexually transmitted disease
but did not have a sexual encounter with the child. Rather, the
disease was transmitted nonsexually. Clearly, an accused who is
trying to deny a sexual encounter will give strong support to
this theory.
Support for this can be found in the medical literature, where
there are many articles providing instances of just such a method
of transmission. For example, Shore and Winklestein (1971) claim
that 50% of their sample of children contracted their gonococcal
infection in the absence of sex abuse and that only one-fifth
acquired the gonorrhea through a sexual experience. Kaplan (1986)
claims that the gonococcus can survive outside the human body
for up to 24 hours and cites a 1929 study in which several newborns
in the same hospital nursery were found to have gonococcal infections.
It was believed that the organism was transferred with thermometers.
Wakefield and Underwager (1988) refer to studies in which gonorrhea
was found to have been transmitted nonsexually among peers, via
close physical contact with infected adults or indirect contact
through bedclothes or hands. They also refer to the work of DeJong
et al. (1982), who report that venereal warts can be transmitted
through close nonsexual contact, during delivery, and by sexual
encounters.
Sperm in the Vagina and the Pregnancy Test
The presence of sperm in the vagina of a prepubertal child is
obvious evidence for sex abuse. It is proof that a postpubertal
male has sexually penetrated the prepubertal girl. The presence
of sperm in the vagina of a postpubertal girl is not necessarily
evidence of sex abuse, in that she may have voluntarily had sexual
relations without in any way being abused.
Fresh sperm can be examined directly under the microscope. After
24 hours sperm may not be viable enough for such direct examination.
Sperm may be visualized with Wood's light, under which it becomes
fluorescent. These fluorescent "tear drops" shine dramatically
in contrast to other vaginal secretions that are examined under
Wood's light (McCann, 1988). The examiner must take care to question
the parents regarding whether the child has taken a bath between
the time of the alleged abuse and the time of the examination.
Obviously, if the sperm has been washed out, the Wood's light
test will not be positive. The sperm sample can also be tested
for the presence of acid phosphatase, an enzyme that is secreted
by the prostate gland and is to be found in the ejaculate. Acid
phosphatase is not normally found in the vagina.
In association with the examination for sperm, one must consider
the pregnancy test. Obviously, the pregnancy test is not viable
for prepubertal children, although there are reports of pregnancy
in girls as young as eight and many examiners will routinely do
them for children of that age and above. Although conducting a
pregnancy test on a prepubertal child may seem unnecessary and
even absurd, it is not completely so. There are children who are
capable of becoming pregnant who have exhibited few, if any, signs
of sexual maturity. And this is where the Tanner level of sexual
development may provide information regarding whether or not the
child could indeed be pregnant. An eight- or nine-year-old, exhibiting
Tanner II and III levels, may very well be capable of pregnancy.
Conclusions
Although physicians have been performing medical examinations
and drawing conclusions about sex abuse, their conclusions have
often been ill-considered and unsupported by empirical data. The
recent research on the characteristics of the genitals of normal,
non-abused children provides the baseline information needed to
evaluate physical findings. This research indicates that many
of the physical findings often claimed to indicate probable sexual
abuse are found frequently in non-abused children. This research
must be taken into account when evaluating reports of medical
examinations of children in cases of suspected sex abuse.
--------------------------------------------------------------------------------
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