The purpose of this study was to establish medicolegal guidelines base
d upon medical findings which support or refute allegations of sexual
penetration, taking into account non-sexual explanations for positive
physical findings. A review of the literature was undertaken to examin
e what has been determined about the range of usual findings which can
be expected if the hymen has been penetrated. While a large body of l
iterature is available on the topic, some findings are ambiguous, and
further research is required to advance and clarify our knowledge base
in these areas. In only a minority of non-acute cases can definitive
statements be made as to whether an alleged molestation has occurred.
A non-scarred hymen that will not admit a finger is 'intact'; a hymena
l opening accommodating two fingers or a vaginal speculum, with eviden
ce of a deficit or scarring at the lower pole, indicates past sexual o
r, possibly, non-sexual penetration. Other findings are not definitive
and, at best, can estimate only relative probability of occurrence of
penetration. Findings within the normal range should be presented as
'neither confirm nor deny abuse', not 'consistent with abuse'. Often,
it is impossible to establish whether a hymen is 'intact' in regard to
past sexual intercourse.