ABSTRACT

Objective

Article 280 of the Turkish Penal Code (TPC) concerns healthcare professionals reporting crimes. Psychiatrists and emergency physicians who frequently encounter patients who have been exposed to violence against women (VAW) are faced with a dilemma when the patient does not want judicial notification.

Methods

One hundred and thirty-eight psychiatrists and 70 emergency medicine physicians participated in the research. In the online survey, participants were asked about their level of knowledge regarding Article 280 of the TPC, their attitudes towards VAW, and their experiences with VAW cases. Trends in making judicial notifications and keeping medical records were examined based on physical violence (PV) and sexual violence case reports.

Results

Regarding the case examples, physicians’ tendencies to keep medical records and make judicial notifications differ for PV and sexual violence. Emergency medicine physicians are more likely to make judicial notifications in VAW cases than psychiatrists (each p<0.001). The tendency to make a judicial report and to make a medical record) was higher in the PV case than in the sexual violence case. Being a specialist physician increased the probability of reporting PV by 2.1 times (p=0.009). All psychiatrists and 91% of emergency physicians are concerned about the physical safety of their patients in case reports.

Conclusion

In its current state, the crime of a healthcare professional not reporting the crime leaves physicians in a dilemma between doing what is suitable for the patient’s well-being and doing what is legal. The relevant law needs to be reviewed, and physicians should be trained on the forensic aspects of VAW cases.