IPOH, April 7 — The High Court here today heard details of the medical examination conducted on the Indonesian maid who was allegedly raped by her employer, former Perak executive council member Paul Yong.
Dr Nilawati Isha, 45, an obstetrics and gynaecology specialist attached to Hospital Raja Permaisuri Bainun’s obstetrics and gynaecology department, said several tears and abrasions could have been the result of penetration by a blunt object or organ.
“Based on the medical examination, the patient had two fresh hymen tears at the six and eight o’clock area and also signs of abrasions at the two o’clock area as well as at the posterior fourchette in the private part,” she replied to deputy public prosecutor Liyana Zawani Mohd Radzi
Dr Nilawati was testifying during the trial of Yong, who is accused of raping his Indonesian maid.
She also said that the alleged victim told her that she was allegedly raped by her employer when asked about the background of the incident.
“The patient said the alleged incident happened on 7 July, 2019,” she added.
She said that she conducted the medical examination on the alleged victim on July 9, 2019 at around 12.30am.
“Fresh hymen tears are tears that occur within 72 hours of the examination,” she said.
When asked by Liyana to describe the role played by blunt trauma in the tears and abrasions to the genitalia, Dr Nilawati said this could be due to non-consensual intercourse, or if consensual, rough sex.
“It could occur due to forced (penetration) or if it was consensual, due to violent sex,” she explained.
When questioned why she wrote the finding in a preliminary report as “Consistent with sexual assault” but as “Rape with fresh hymenal tear” on the medical report diagnosis of the alleged victim, Dr Nilawati said sexual assault consists of rape, as well as molest.
Meanwhile, during the cross-examination, Yong’s lawyer Salim Bashir asked if a sexually transmitted disease (STD) could have caused the red marks.
Dr Nilawati replied that it was possible, but explained that there would be no tears if this were the case, before adding that the red marks were only found on the tears and nowhere else on the genitalia.
She was also asked if the tears could have been the result of masturbation, to which she replied it was possible.
Salim also asked if Dr Nilawati agreed that the alleged victim stopped menstruating two months before the examination, and that she might be pregnant, to which she said the alleged victim had told her that she hadn’t had her period for two months.
After the cross-examination, Liyana asked Dr Nilawati why she had not checked if the alleged victim was pregnant, to which Dr Nilawati replied, “I only examined her private parts at that moment and the alleged victim did not exhibit any signs of pregnancy.”
Liyana also asked Dr Nilawati if the alleged victim had any STD, to which Dr Nilawati replied she could find no trace.
