sexual-offences

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.

Classification of Sexual offences:
A] Natural Sexual Offences
1. Rape 2. Adultery
3. Incest
B] Unnatural Sexual Offences
1. Sodomy 2. Lesbianism
3. Bestiality 4. Buccal Coitus
C] Sexual deviations/perversions
1. Fetishism 2. Transvestism
3. Sadism 4. Pedophilia etc.
D] Sex linked offences
1. Indecent Assault
2. Offences under Immoral Traffic Act

Natural Sexual Offences:
Definition:
According to order of nature.

Unnatural Sexual Offences:
Definition:
According 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 ten years and shall also be liable to
fine.

Sexual Perversions:
Persistently indulged sexual acts or fantasies
in which complete satisfaction is sought &
obtained without sexual intercourse.

Rape:
- Legal definition, not medical.
- Defined in Section 375 I.P.C.
- Major amendments done in 2013 as per
“The Criminal Law Amendment Act 2013”

Definition of rape 8
OLD DEFINITION:
A man is said to commit rape if he has sexual
intercourse with a woman under the following
circumstances:
1. Against her will
2. Without her consent
3. With her consent
1. Fear of death or hurt
2. Impersonation (Not her husband)
3. Unsoundness of mind / intoxication
4. With or without her consent when she is
under 16 years of age.

Criminal Law (Amendment) Act, 2013
2nd April, 2013

9. Substitution of new Sections for Sections
375, 376, 376 A, 376B, 376 C, 376 D
• Rape

(a) The introduction (to any extent) by a man of
his penis, into the vagina
(which term shall include the labia majora), the
anus or urethra or
mouth of any woman or child–
(b) the introduction to any extent by a man of an
object or a part of the
body (other than the penis) into the
vagina(which term shall include the
labia majora) or anus or urethra of a woman

(c) the introduction to any extent by a person of
an object or a part of the
body (other than the penis) into the
vagina(which term shall include the
labia majora) or anus or urethra of a child.
(d) manipulating any part of the body of a child
so as to cause penetration
of the vagina (which term shall include labia
majora) anus or the
urethra of the offender by any part of the child's
body;

• First - Against her will.
• Secondly- Without her consent.
• 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.
• 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 herselves to
be lawfully married.
Contd

• 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.

Punishment:
As per 376 IPC
1. 7 – 10 years.
2. If with wife not less than 12 years, 2 years.
3. Custodial Rape:
a) Police
b) Public Servant
c) Jail
d) Hospital
4. On pregnant woman
5. Gang Rape
For 3, 4 & 5: Punishment – 10 years to life
imprisonment.

Statutory Rape:
With consent, if age of girl less than 18
years.

Marital Rape:
1. Living separately and
2. Without her consent

Rape by woman:
Not recognized.

Age of the Accused:
No age limit.

Burden of Proof:
As per section 114 IEA.

Examination of Victim:
1. Consent
2. History
3. Clothes
4. General Examination
5. Local Examination
6. Samples to be collected
7. Opinion

Examination of victim of rape 22
Objectives of medical examination
of the victim of rape
• To find out
1. Any evidence of recent sexual intercourse
2. Injuries on the body suggestive of violence,
struggle
3. Age of victim if required
4. If the victim is intoxicated or drugged

Precautions to be taken
1. Authorization
No exam without proper written order from police
or court
2. Identification
By relatives, police, ID Marks
3. Female nurse
should be present throughout the exam
4. No delay
Exam should be done as early as possible

Preliminary Data
1. Reference of requisition letter
2. Name, age, sex, address etc of the
victim
3. Brought by ?, identified by?

1] Consent:
- Age >12 years
- Witnessed, written and informed
consent is required
- In absence of consent, examination
cannot be undertaken

2] History:
1. Menstrual History
2. Marital Status
3. Obstetric History ( If relevant)
4. History of venereal diseases
5. History of the incident
6. Resistance offered
7. Bath or local washing done?

Examination of the Clothes
1. Confirm that they have not been changed
2. Ask the victim to remove them herselves on
a big white sheet of paper.
3. Examine for tears, loss of buttons (s/o
violence, struggle)
4. Look for stains (mud, grass, blood, semen).
Record their position, size etc.
5. Seal, label and send for C.A.

General Examination of the Body
1. General built
2. Gait
3. Mental condition (Intoxicated, Drugged)
4. Findings for age (Dental Exam, Secondary
sexual characters)
5. Nails (damage, foreign body)
6. Stains (Blood, Saliva, Semen, Mud etc.)
7. Injuries (e/o restraint, violence etc.)

Injuries
• Whole body must be examined for
marks of violence or struggle
1. Petecheae on face or conjunctiva – due
to partial asphyxia (forcible restraint
over neck or to make her unconscious)
2. Injuries around mouth and neck
(prevent her from calling for help)

3. Over face – violence
4. Wrists and arms or thighs and legs –
holding
5. Over thighs and buttocks – during
intercourse
6. Back – due to ground
7. Breasts – rough handling
8. Bite marks over face, breast etc.

Examination of Genitalia
• Objectives
• To search for evidence of
1. Sexual intercourse
2. Forceful penetration
3. Other violence

• Examine :
• Vulva (Labia Majora)
• Labia Minora
• Hymen
• Vagina
• Perineum
• Record injuries and evidence of
tenderness and inflammation, alongwith
presence or absence of semen.

33
Fourchette – lower meeting
point of both labia minora
Fossa Navicularis – the
depression between fourchette
and the vaginal opening
Vestibule – space between labia
minoras and above the vaginal
opening
Posterior commissure –
lower meeting point of both
labia majora

Specimens to be collected
1. Clothes
If blood or seminal stains are seen or
suspected, clothes should be air dried and
sent intact for C.A.
2. Blood
Plain – for grouping
Anticoagulated – for alcohol, drugs
3. Urine
For drugs

4. Nails / Nail scrapings
For blood and epidermis of accused. For grouping
and DNA Fingerprinting
5. Stains over the body
Blood, Seminal, Salivary
If dried, then scrap and send in an envelope
If moist, then swabs in distilled water to be sent
6. Pubic hairs
Comb. Foreign pubic hairs for C.A.
Matted pubic hairs – cut, send for C.A.
Cut 20 pubic hairs for comparison- send to C.A.

7. Vaginal Swabs
Presence of spermatozoa in vagina is definite
evidence of sexual intercourse.
• Collect
• 1 swab from introitus and perineum
• 1 low vaginal swab
• 1 high vaginal swab
• 1 swab of cervical mucus if alleged rape has
occurred 24 hours or more back.

Colposcopy:
To detect injuries.
Toludine Blue:
Stains injured areas.
UV light:
For seminal stains.

Seminal stains visible under UV light.

Opinion in case of alleged Rape
• Rape is a legal diagnosis and not a medical
diagnosis. Therefore, opinion shall never
include the word ‘RAPE’.
• Opinion should be whether there is any
evidence of sexual intercourse.

Complications or Dangers of Rape:
1. Haemorrhage & shock
2. Death-
a) Assault
b) Suffocation
c) Strangulation
d) Intoxicants
e) Suicide
3. Mental agony
4. Rape Trauma syndrome

Examination of an Accused:
1. Preliminary
2. Consent
3. History
4. Clothes
5. General physical examination
6. Genital Examination
8. Opinion

Consent:
If the accused is not giving consent for
examination then, as per section 53 (1) Cr.
P.C.; reasonable force can be used for
examination.

1. History & General examination:
Nearly similar as that of the victim.

45
2. Local Examination (Genitalia)
• Examine for development and congenital
anomalies (to rule out impotency)
• Examine and record all injuries (abrasions,
tear of frenulum etc.)

46
3. Try to demonstrate evidence of vaginal
secretions and cells by following
methods:
1. Rub a moist filter paper on the glans. Add Lugol’s Iodine.
Blue colour appears due to the rich glycogen content of the
vaginal secretions.
2. Smear from glans + Stain with Papanicolau’s stain – examine
microscopically for vaginal epithelial cells
4. Comment upon presence or absence of
Smegma.
(Smegma is cheesy secretion of sebaceous gland, consisting
of desquamated epithelial cells on corona glandis
5. In samples to be collected; add swabs
from glans and penis

47
Normal vaginal epithelial cell

Samples to be collected:
1. Clothes & undergarments
2. Foreign hair, fibers etc.
3. Fingernail scrapings
4. Scalp hair
5. Swab from teeth bite mark
6. Combing of pubic hair
7. Pubic hair clippings
8. Urethral swab
9. Swab from glans
10. Blood for
a) Serology
b) Presence of drug or intoxicant
c) DNA profiling
d) STDs.

Seminal Fluid:
Physical properties:
Greyish yellow, thick, jelly-like & sticky,
characteristic odor when fresh
Quantity- 2-5ml.
Sperms – 60-150 million (90% motile)
pH – 7.4.

Collection of Material:
1. Pipette/ swab.
2. Dried stains – wet swab.
3. Portion of cloth – cut.
4. Pubic hair plucked.
5. Stains on smooth surface – scraped off.

Physical Examination:
- Map –like outline on clothes.
- Cloth is stiffened.
- Fresh stain – translucent.
After month – yellow – brown.
- UV light – Fluorescence.

Chemical Examination:
1. Florence Test:
Method:
Stain + 10% HCl
↓
Place on glass slide & apply cover slip
↓
drop of Florence solution (potassium iodide, iodine &
water)
↓
Rhombic crystals of choline iodide.
Utility of test: Screening test.

2. Barbario’s Test:
Method:
Stain + picric acid
↓
Yellow needle shaped rhombic crystals of
Spermine picrate.
(Depends on prostatic secretions)

3. Acid Phosphatase Test:
Principle:
Seminal fluid contains 500-1000 times graeter
acid phsphatase than any other body fluid.
- 340-360 Bodansky units or
2500- 3500 Angstorm units.
- Positive reaction up to 36 hours.
- > 100 Bodansky units with non motile sperms
– ejaculation within 12 hours.

4. Creatinine Phosphokinase:
Principle: Spermatozoa contain high
concentration of Creatinine Phosphokinase.
-Normal levels – 385 to 1400 units/ml.
- Enzyme is more stable.
- > 400 units – Diagnostic.

Immunological Method:
1. PSA
2. MHS-5 – Seminal vesicles
Mab 4 E6 – sperm cells & in ejaculated fluid.
3. FISH (Fluorescent in situ hybridisation) – male
epithelial cells in vagina up to one week.

Human spermatozoa:
Length: 50-55µ.
Head – Oval, 5µ.
Neck – very short.
Tail – tapering.

Microscopic Examination:
Method:
1. Stained fabric + 1% HCl or 3% acetic acid.
Keep for ½ hours – 1 hour.
2. Rub fabric on the slide → dried in air →
3. Fix with methyl/ethyl alcohol →
4. Methylene blue + Eosin.
Appearance:
Posterior half – 1/3rd of head – pink, anterior 2/3rd –
Unstained.
- Sperms are well preserved outside the body
(clothes) than in vagina ( removed by phagocytosis,
lysis, agglutination/degeneration)

Motility of sperms:
At room temp. –
Full motility for 3 hrs.
50% - 8hrs.
10% - 24 hrs.
Complete sperms – 26 hrs in vagina.
Victim dead – Sperms are destroyed
by decomposition.

Proof of semen:
1. Atleast one unbroken sperm
2. Electrophoretic LDH isoenzyme
detection of sperm.

Natural Sex Offences not amounting
to rape:
1. Intercourse by public servant or others
who seduces or induces the woman
subordinate to him
2. Adultery – IPC 376 B,C, & D.
3. Cohabitation cause by man deceitfully
inducing a belief of lawful marriage –
493 IPC.
4. Incest – Not an offence in India.

Adultery: IPC 497
voluntary sexual intercourse between one
spouse & a person of opposite sex, not his
or her partner, during the continuation of
marriage.
- Applicable for husband only.
- Wife will not be criminally prosecuted,
but can be ground for divorce.

Incest:
Definition:
A 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.

Incest occurs-
1. Between mental defectives
2. Alcohol
3. Cerebral diseases
4. Meet as strangers
5. Intimacy.

Types:
1. Adults & children
2. Between childhood siblings
3. Between consenting adults
4. Adult siblings
Laws: In India, as such its not an
offense.

Oedipus complex:
Electra complex:
Pharoan complex:

Unnatural Sexual Offences:
Definition:
According section 377 IPC;
Voluntary sexual intercourse against the
order of nature with any man, or woman, or
animal.

Types of Unnatural Sexual Offences:
1. Sodomy
2. Tribadism
3. Buccal coitus
4. Bestiality

SODOMY:
Definition:
It is anal intercourse between man & man
or between man & woman i.e. it is penile-
anal intercourse.

SODOMY:
Other names:
1. Greek love
2. Buggery
3. Gerantophilia – when passive agent is
adult
4. Paederasty – when passive agent is
child.
Paedophile- Active agent
Catamite – Passive agent

Medical Examination:
1. Passive Agent
2. Active Agent

Examination of Passive Agent:
1. Consent
2. History
3. Clothes
4. General Examination
5. Local Examination
7. Opinion

Consent:
Passive agent can be victim or accused.
So,
If victim- No examination without consent.
If accused – Even in the absence of
consent, examination should
be carried out.

Examination of clothes & general
examination :
similar to victim of sexual offences.

Genital Examination:
Position: Knee-elbow.
Findings in habituated & non-habituated
passive agent will be different.

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 with base at external
sphincter & apex inward.
7. Triangular contusion.
8. Digital Examination:
Loss of elasticity & tone

Anal Findings in non-habituated agent:
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

All these signs except injuries may
disappear within 1 to 2 days.
The only proof of sodomy is the
presence of semen in the anus.

Opinion:
Opinion as to the cause of dilation should
be guarded.
“It is consistent with entry of penis”

Habitual passive agents:
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.

Samples to be preserved:
1. Swab from perianal region
2. Swab from anal canal
3. Any foreign pubic hair
4. Undergarments

Examination of the active agent:
- ≈ accused of rape.
1. Injury to penis
2. Fecal matter, lubricant, blood, seminal
stains.
3. Venereal diseases
4. Marks of violence
5. Habitual active agent – Elongated &
constricted penis.

Medico-legal Aspects:
1.with consent – both punishable.
2.Without consent – only active agent.
3. Marriage and sodomy

Lesbianism
Definition:
It is a female homosexuality wherein
woman derives sexual pleasure and
gratification by mutual friction of genitals.

Lesbianism:
Other names:
Tribadism, sappism
Terms:
Active partner – Butch or Dyke
Passive partner - Femme

Medico-legal aspect:
1. Marriage
2. Morbid jealousy

Buccal Coitus:
- Also called “oral coitus” or “Sin of
Gomorrah”
- Can be performed by both sexes.

Terms:
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)

Dangers of buccal coitus:
1. Asphyxial death
2. Injuries to penis

A] Active partner:
- abrasions
- Amylase detected in penile swabs
B] Passive partner:
Spermatozoa in oral cavity

1. Punishable under 377 IPC
2. Divorce
3. Rape – As per “The Criminal Law
Amendments Act 2013”

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.

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

1. Punishable under 377 IPC
2. Divorce
3. Cruelty to animals.

sexual-offences

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