2. Sexual Offences
• A statutory offense that provides that
• it is a crime to knowingly cause another person to engage in
an unwanted sexual act by force or threat.
3. A] Natural Sexual Offences
involving natural penile-vaginal penetration
(1)Rape (2) Adultery (3) Incest
B] Unnatural Sexual Offences
involving penetrations other than penile-vaginal
(1) Sodomy (2) Buccal Coitus (3) Tribadism
C] Sexual deviations/perversions
Sexual psychiatric disorders
Classification of Sexual offences
5. RAPE
• Legal definition, not medical.
• Defined in Section 375 I.P.C.
• Definition has been changed radically by
“The Criminal Law Amendment Act 2013”
6. Modifications
• A man is said to commit “rape” if he
• (a) penetrates his penis, to any extent,
into the vagina (which term shall include the labia majora)
the anus or urethra or mouth of any woman or child
or makes her to do so with him or any other person
• (b) inserts to any extent any object or a part of the body (other than
the penis) into the vagina(which term shall include the labia majora)
or urethra or anus of a woman or makes her to do so with him or any
other person
7. • (c) manipulates any part of the body of a woman so as to cause
penetration of the vagina (which term shall include labia majora) or
urethra or anus of a woman or makes her to do so with him or any
other person
• (d) applies his mouth to the vagina, anus, urethra of a woman or
makes her to do so with him or any other person
• Under any of the following circumstances…….
8. Under these circumstances
First - Against her will.
Secondly- Without her consent
•Will - Psychological desire
•Consent - legal concept (Sec 90 IPC)
permission
9. • Thirdly
With her consent, when her consent has been obtained by
putting her or any person in whom she is interested, in fear of death or
of hurt.
10. Fourthly
• With her consent, when the man knows
• that he is not her husband and
• that her consent is given because she believes that
• he is another man to whom she is or believes herself to be
lawfully married
11. Fifthly
• With her consent when, at the time of giving such consent,
• by reason of unsoundness of mind or intoxication or the
administration by him personally or through another of any
stupefying or unwholesome substance,
• she is unable to understand the nature and consequences of that to
which she gives consent.
12. • Sixthly
with or without her consent,
when she is under eighteen years of age
• Seventhly
when she is unable to communicate consent
13. • Punishment
As per 376(1) IPC
imprisonment for > 7 years (upto life) + Fine
As per 376 (2) IPC
defines and punishes 14 serious forms of rape
rigorous imprisonment > 10 years upto life imp +Fine
14. 14 serious forms of rape
1. Police officer
2. Public servant
3. A member of armed forces
4. Staff of jail/ remand home/ other places of custody Custodial
Rape
5. Management/ staff of hospital
6. Relative/ guardian/ person of trust
7. During communal/ sectarian violence
15. 8. On a pregnant woman
9. Woman < 16 years
10. Woman incapable of giving consent
11. Person in dominance over the woman
12. Mental disability/ physical disability
13. Grievous hurt during rape
14. Repeated rape
16. Section 376 (A, B, C, D, E)
• A Punishment for causing death or resulting in a persistent
vegetative state
• 376 AB -< 12 years of age
•B by husband on his wife during separation
•C by a person in authority
•D Gang rape 376 DA < 16 years of age , 376 DB < 12 years
•E by repeat offendors
17. •ADULTERY: IPC 497
Voluntary sexual intercourse between one spouse & a person of
opposite sex, not his or her partner, during the continuation of marriage.
The law became dysfunctional on 27 September 2018
but can be ground for divorce.
18. Incest
• Sexual intercourse by a man with a woman who is closely related to
him by blood or by marriage
• i.e: within forbidden degrees of relationship.
19. • Types of Incest:
• 1. Adults & children
• 2. Between childhood siblings
• 3. Between consenting adults
• 4. Adult siblings Laws: In India, as such its not an offense.
20. Unnatural Sexual Offences
• Definition
According to section 377 IPC
“whoever voluntarily has carnal intercourse
against the order of nature
with any man, woman, or animal
shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to
10 years and shall also be liable to fine.”
22. Sodomy
• Anal intercourse between man & man or between man & woman
• ‘penile- anal intercourse’.
• Other names: 1. Greek love 2. Buggery
Gerantophilia when passive agent is adult
Paederasty when passive agent is child.
Paedophile Active agent Catamite – Passive agent
Passive agent vs Active agent
23. Anal Findings in non-habituated agent
1. Pain & tenderness during examination
2. Foreign hair may be noted.
3. Evidence of use of lubricant.
4. Bleeding
5. Bruising or perianal abrasions
6. Anal Laceration Triangular in shape
Base at external sphincter & apex inward
7. Triangular contusion.
24. 8. Digital Examination: Loss of elasticity & tone
9. Tearing of sphincter ani – rare.
May be present in very young children.
10. Smoothness of anal margin
11. Injuries marked in children.
12. Pain during walking
13. Blood stains
14. Signs of struggle
25. Examination findings - Habitual passive agent
1. Shaving of anal hair.
2. Skin around anus – smooth & thick.
3. Loss of muscle tone.
4. Funnel shaped anus -rare
5. Lateral buttock traction test: dilatation & laxity of anus.
6. Anal fissure, scars
7. Piles & fissures ++
8. Venereal diseases ++
26. Buccal Coitus
• Also called “oral coitus” or “Sin of Gomorrah”
• Can be performed by both sexes.
•Fellatio -Intercourse between oral cavity & penis.
•Fellator - Performing male
•Fellatee - Person on whom performed (male/female)
•Cunnilingus
Female genital organs stimulated by mouth (by male/female)
27. • Dangers of buccal coitus
1. Asphyxial death
2. Injuries to penis
• Medical Examination
A] Active partner: Abrasions - Amylase detected in penile swabs
B] Passive partner: Spermatozoa in oral cavity
28. • Medico-legal Aspects:
1. Punishable under 377 IPC
2. Divorce
3. Rape – As per “The Criminal Law Amendments Act 2013”
29. • Bestiality
Sexual intercourse by a human being with a lower animal
• Circumstances
1. Mental illness 2. Superstitions 3. Secluded life
• Animals used
A] By males: cows, female sheep, goat, she ass etc.
B] By female: dogs, horses etc.
30. Medical Examination
A] Accused
1. Stains over clothes
2. Injuries over body
3. Stains & foreign material on penis
4. Transmitted infections.
B] In Animal
1. Injuries to genitals
2. Presence of human spermatozoa
32. Sexual Perversions
• Persistently indulged
• sexual acts or fantasies
• in which complete satisfaction is sought & obtained
• without sexual intercourse.
34. Fetishism
• Obtaining sexual arousal
• using or thinking about
• An inanimate object (undergarments, etc)
• Or a part of body
35. Lesbianism
• It is a female homosexuality
• Wherein woman derives sexual pleasure and gratification
• by mutual friction of genitals.
• Other names : ‘Tribadism’, ‘Sappism’
• Active partner – Butch or Dyke
• Passive partner - Femme
36. • On 6 September 2018,
Supreme court of India ruled that the application of Section 377
to consensual homosexual sex between adults was unconstitutional,
"irrational, indefensible and manifestly arbitrary",
but remains in force relating to
sex with minors,
non-cosensual sexual acts,
bestiality
44. Sexual oralism
• Obtaining sexual pleasure from application of mouth to the sex
organs
• Cunnilingus stimulation of female sex organ
• Fellatio stimulation of male sex organ