亲密时刻的药物转移:这是兴奋剂控制中的一个关键问题,可以通过对运动员和伴侣的毛发检测来证明。

IF 1.5 4区 医学 Q1 LAW Medicine, Science and the Law Pub Date : 2024-01-01 Epub Date: 2023-05-09 DOI:10.1177/00258024231173346
Pascal Kintz
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引用次数: 0

摘要

在运动员的样品中发现禁用物质或其代谢物或其标记物,构成更频繁的违反反兴奋剂 规定的行为。世界反兴奋剂条例》(第 10.5 条)规定,如果有人在个案中证明运动员没有过错或疏忽,则应取消本应适用的禁赛期。无过错或无疏忽证据必须满足的条件在《条例》的其他几点中有所说明。以下两点最为重要:1.运动员或其法定代表人必须提出经核实的污染情况,并且必须确定污染源;2.运动员必须有经核实的说法,证明他/她并非故意服用禁用物质,即违规并非蓄意为之。这种情况最早出现在 2009 年的理查德-加斯奎特(Richard Gasquet)案中。从那时起,由于有确凿证据表明污染源是在亲密接触时转移的药物,几名运动员被允许重返赛场,没有受到任何指控。由于其中一些案例是公开的,而且作者为大多数涉及此类程序的国际运动员进行了毛发检测,因此本文对辩方的策略和讨论的科学依据进行了回顾。
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Drug transfer during intimate moments: A key issue in doping control that can be documented by hair tests of the athlete and the partner.

The presence of a prohibited substance or its metabolites or its markers in an athlete's sample constitutes the more frequent anti-doping rules violation. In the world anti-doping code, it is indicated (point 10.5) that if someone establishes in an individual case that the athlete bears no fault or negligence, then the otherwise applicable period of ineligibility shall be eliminated. The conditions that have to be met to fix the no fault or negligence evidence are described in several other points of the code. The following two points are of paramount importance: 1. the athlete or his/her legal representative must present verified circumstances of contamination and the source of contamination must be identified; and 
2. there must be verified claims by the athlete about the fact that he/she did not knowingly take the prohibited substance, i.e., that the violation was not intentional.In recent years, several cases of contamination involving drug transfer during intimate moments have been reported. This later situation was first reported in 2009 with the Richard Gasquet case. Since that time, several athletes have been allowed to return to competition with no charge based on strong evidence that the source of contamination was drug transfer during intimate moments. As some of these cases are public and because the author performed hair tests for the majority of the international athletes involved in such procedures, the strategy of the defence and the scientific bases of discussion are reviewed in this article.

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来源期刊
Medicine, Science and the Law
Medicine, Science and the Law 医学-医学:法
CiteScore
2.90
自引率
6.70%
发文量
53
审稿时长
>12 weeks
期刊介绍: Medicine, Science and the Law is the official journal of the British Academy for Forensic Sciences (BAFS). It is a peer reviewed journal dedicated to advancing the knowledge of forensic science and medicine. The journal aims to inform its readers from a broad perspective and demonstrate the interrelated nature and scope of the forensic disciplines. Through a variety of authoritative research articles submitted from across the globe, it covers a range of topical medico-legal issues. The journal keeps its readers informed of developments and trends through reporting, discussing and debating current issues of importance in forensic practice.
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