A possibility for verifying condom use in sex offenses
Berkefeld, K.
Archiv für Kriminologie 192(1-2): 37-42
1993
ISSN/ISBN: 0003-9225 PMID: 8215760 Document Number: 333744
The question whether a rapist has used a condom is of interest, because the lack of spermatozoa can be explained by it, and the commission of rape by an AIDS sufferer is treated as severe bodily injury. Therefore, investigations were carried out to find a marker that is highly reliable for the identification of condom use. Some of the auxiliary materials in condom manufacture were scrutinized, and the spores of lycopodium (club moss) best met the specified criteria, almost all of which were gained from Lycopodium clavatum L. long used in pharmaceutical praxis. The spores are still widely used in condom manufacture to prevent the sticking of the latex rolls. 40 different condom types available on the German market were investigated. 80% of the samples had a coating that contained such spores. It was not possible to calculate the amount of spores that could be potentially carried over in intercourse; even under mechanical force there was a large amount of spores in the lubricating layer. Several cases also indicated that in fact these spores are transferred to the vaginal tract during intercourse and can be determined by smears. The spores can be detected for some time after coitus, but blood and vaginal secretion can eliminate them, although underwear can retain them. These spores can be a very useful marker in praxis for the determination of trace materials indicative of condom use. However, to exclude any mistakes, other tests must also be taken to differentiate these spores from other plant spores, especially if the act took place in the open where fern or moss spores can be found. Questioning of the victim about previous, consensual intercourse could also help differentiate the presence of spores attributable to such an intercourse.