SEXUAL OFFENCE

SEXUAL OFFENCE

❑Sexual offences: acts of illegal intercourse with a second person or with an animal to obtain
sexual gratification.
❑Sexual offences are defined as unlawful sexual intercourse with a man, woman, or animal.
❑Sexual assault is an act of sexual relationship done without the consent of the victim or where
consent has been obtained using threat, fear, or fraud.
❑Sexual assault is a serious offence.
❑Classification of Sexual Offences
❑Natural sexual offences
❑Unnatural sexual offences
Natural sexual offences Unnatural sexual offences

Rape Sodomy

Incest Buccal coitus

Adultery Tribadism

Bestiality
Natural sexual offences Rape
❑Definition(Sec.375 IPC)
Rape is defined as unlawful sexual intercourse by à man,
i) With his wife under the age of 15 years.
ii) With any other woman under the age of 16 years.
iii) Above that age against her will, without her consent.
iv) With her consent when it has been obtained by unlawful means.
(fear of death, impersonation, administration of stupefying drugs, etc.)

❑Punishment for the offense of rape: (Sec. 376 IPC)

Rape-7 years to life imprisonment and fine.
For Custodial rape and Gang rape-Minimum 10 years of rigorous imprisonment and fine.
❑EXAMINATION OF RAPE VICTIM
Informed consent of the victim in writing is necessary
-If she is under 12 years and mentally subnormal consent of parent or guardian
should be taken.
-Examination should be made in the presence of a female nurse or female
doctor unless the doctor is a female doctor.

❑Examination
1) Preliminary data
Full name, age, social status, occupation, date, time of arrival, consent for
examination, identification mark, by whom the examination is requested, and
name of female present at the time of examination should be noted.

2) Statement
The statement of the victim in her words should be noted.
3) Signs of struggle:
Looked for clothes and body.
a) Clothing:
-Examined for evidence of struggle.
-Whether tears are present or not.
-Whether there are marks of mud, stains of blood, stains of semen present or not.
-These stains are dried, labeled, and forwarded to the forensic science laboratory for grouping
and DNA characteristics.
b) Other physical evidence:
Foreign hair, pieces of clothing, and buttons may be present.
c) Woman usually scratches the assailant during struggle:
Therefore debris under her nails was removed and examined for the presence of epithelium am
assailant.
d) Whole body examined for marks of violence:
-Injuries on the body must be described.
-Injuries may be found,
i) About cheeks, lips, and neck.
ii) On wrist and arm.
iii) On the back.
iv) About the inner side of knees and thighs.
v) On breast.
-Injury may be scratches, bruises, nail marks, or bite marks.
-Bite marks involve saliva from which the blood group of the assailant can be identified.
4) Examination of Genitals
Take place in good light.
a) Local signs of violation:
-Presence or absence of blood stains about the leg and vagina should be observed.
If present preserved for examination.
-Pubic hair was examined for seminal fluid, blood, and foreign hair.
If present preserved for examination.

b) Genital injuries:
-Valva, hymen, vagina, and perineum should be examined for any injuries.
-Degree of hymenal rupturing whether recent or old should be examined by Glaister Keene Rod.
-Sign of recent hymen rupture-Tear with edema and hemorrhage.
-When genital injury is present- Gait is painful.
-Distensibility of vagina noted-It can admit two fingers easily if sexual intercourse occurred.
The extent of violence to genitals depends upon the age of the victim and her previous condition regarding intercourse
whether virgin, sexually active, or child.
i)Rape on virgin-
-Bruising, lacerations, and swelling of the vulva.
-Hymen-ruptured.
-Fourchette and posterior commisure-Ruptured.

ii)Rape on a sexually active woman-

-No damage to genitals unless considerable violence is used.
-Signs of violence on other body parts present.
-Presence of spermatozoa in the vagina and on clothes.

iii)Rape of children-
-In young children, the vagina is very small and the hymen is deeply situated. Therefore adult penis cannot
penetrate it.
-Only redness and tenderness of the vulva are seen.
-Hymen-Intact.
.
5) Presence of spermatozoa and other microorganism
➢Sperm remain motile in vagina-For 6-8 hours.
➢Non-motile sperms found in vagina-At about 24 hours.
➢Sperm remain motile in uterine cavity-For 3-5 days
➢Vaginal content aspirated and examined under a microscope, If motile sperm
seen-Intercourse within 12 hours.
➢An acid phosphatase test, P3, test should be done.

6) Sexually transmitted diseases

➢Examination for diseases like gonorrhea, syphilis, trichomoniasis, and HIV should
be done.
7) Collection of laboratory specimens
Sexual assault kits may be provided.
Specimens to be collected.
i) Clothing-Stained, torn, foreign matter.
ii) Scraping of dried blood stains-For grouping, DNA characteristics
iii) Scraping of dried seminal stains-For grouping, sperm, P30 test, etc.
iv) Hair-Pubic hair, foreign hair.
v) Nails-Debris under nail.
vi) Blood-For grouping, alcohol, drugs, VDRL, T cells.
vii) Swab from bite mark for saliva, from mouth, pharynx, vagina, cervix, anus for
spermatozoa, & STD.
8) Inference
Opinion of the crime of rape based on,
i) Scene examination.
ii) Signs of struggle.
iii) Presence of blood, seminal stains on clothes and body.
iv) Presence of seminal matter in the vagina.
v) Transmission of venereal disease.
vi) Laboratory report.

9) Follow up
i) Treatment of injuries.
ii) Inj. T.T. 0.5 cc IM.
iii) Prevention and termination of pregnancy.
iv) Prevention and treatment of STD.
v) Referred to psychiatrists.
EXAMINATION OF THE ACCUSED

1)Preliminary data:
➢Name, age, occupation, address, brought by whom, identification mark time of examination, and brief
history should be taken.
➢Sec. 53 (1) CrPC.-Accused can be examined and necessary evidence e.g. blood, swabs, etc. collected
even without his consent.

2) Physical examination and mental condition:

➢Record height, weight, and build.
➢Record mental condition, and signs of drunkenness.

3) Signs of struggle:
➢Clothing- examined for foreign hairs, missing buttons, blood, seminal stains, lipstick or makeup soiling,
mud stains, etc.
➢Marks of violence- bite marks, bruises, and scratches may be found on the face, hands, or private parts.
4)Genitals
a)Seminal stains and blood stain-Found on pubic hair should be preserved for examination

b)Penis examination-
i)Smegma-
-It is a thick cheesy secretion with a disagreeable odour deposited under prepuce.
-Smegma is rubbed off during intercourse and it takes 24 hours to occur
- If Recent intercourse-Smegma is absent.
ii)Frenum-
-It is a small fold of skin or mucus membrane that checks the movement of If recent intercourse -
Frenum is torn.
iii)Lugol's iodine test-
For vaginal epithelial cells.
-Wipe the shaft of the penis with moist filter paper and exposed it to vapours of Lugol's iodine
-Development of brown colour-Indicate presence of vaginal epithelial
iv)Venereal discharge or syphilitic chancre-
-Examined for the presence of venereal discharge or syphilitic chancre.
c) Examination of genital organs – concerning development and for potency
d) Blood - Should be taken for grouping.

5) Collection of laboratory specimens -

➢Clothing is stained, torn, missing buttons, and foreign matter.
➢Scraping of blood and seminal stains-For grouping and DNA characteristics.
➢Hair-Pubic hair, foreign hair.
➢Debris under nails.
➢Blood-For grouping, alcohol, drugs, VDRL, HIV.
➢Swabs - From coronal sulcus, prepuce, and urethra.
INCEST:
Definition
It means sexual intercourse by a man with a woman who is closely related to him by
blood.
e.g. daughter, sister, stepsister, aunt, etc.
➢Incest between father and daughter is common.
➢Incest between brothers and sisters is less common.
➢These cases usually have psychological features.
➢In India, incest as such is not an offence.
Incest occurs:
➢Between mental defectives.
➢Where alcohol removes natural inhibitions.
➢In the case of cerebral disease.
➢Where brother and sister have been separated since childhood.
ADULTERY: (Sec. 497 IPC)

➢ Voluntary natural sexual intercourse between,

i. a married man and someone other than his wife.
ii. a married woman and someone other than her husband.
➢ Punishment
5 years imprisonment with or without a fine.
➢ Legal aspect
i. If proven, adultery is a valid ground for divorce and the nullity of
marriage.
ii. In the case of rape, women cannot be charged with offence of adultery.
UNNATURAL SEXUAL OFFENCES
Definition: (Sec. 377 IPC)
➢Unnatural sexual offences mean sexual intercourse against the order of nature
with any man, woman or animal.
➢Punishment-Imprisonment for life or up to 10 years and fine.
➢Unnatural sexual offences include-
i)Sodomy/ Buggery
ii)Buccal coitus
iii) Tribadism
iv) Bestiality
❑SODOMY:
Definition:
It means anal intercourse between a male and a female or a male and a male. It is also
called Buggery.
Active agent- who performs the act.
Passive agent - On whom the act is performed.
When the passive agent is adult-Gerontophilia.
The passive agent is a young boy- Paederasty.

❑BUCCAL COITUS
➢It means intercourse through the mouth.
➢Usually practiced by adult males on children.
➢Victim-Buccal swab from the victim within 8 hrs. should be taken and may reveal
seminal traces.
➢ Assailant-Faint teeth mark and abrasions may be seen on the penis.
➢In India, Buccal coitus is a valid ground for divorce.
TRIBADISM/LESBIANISM
➢ Also called female homosexuality.
➢ It means gratification of the sexual desire of a woman by another woman. -It is
usually indulged by women who have repulsion from men or who suffer from
nymphomania.(uncontrolled sexual desire)

BESTIALITY
➢ It is sexual intercourse by humans with animals either vaginal, anal, or oral.
➢ Offence is punishable under Sec. 377 IPC.
➢ Donkeys, dogs, cats, cattle, etc. are used.
➢ Superstitious belief that venereal diseases are cured by sexual intercourse with
lower a lead to bestiality.
-Sure evidence of bestiality-
1) Human sperms are found in the genital tract of animals.
2) Animal hair, found on the inside of pants or under prepuce.
Examination of passive agent
1) Preliminary data
➢ Name, age, sex, occupation, address, by whom the examination is requested, time of arrival, time of examination, identification marks,
and consent for the examination should be noted.
2) Genital signs -
➢ Anal orifice-Dilated, irritable, tender to touch, bruising around the orifice, abrasion between anus and tip of coccyx, fissure of the
mucus membrane, tear of the posterior part of anus may be seen.
➢ Anal and perianal swab were taken for examination of sperms, venereal infection, and presence of lubricants.
➢ Sample of hair should be taken.
➢ Anal canal and lower rectum examined by proctoscope. Any injury or abnormality must be noted.
➢ Gait and defaecation -Painful.
3) Other signs-
➢ Presence of sperm on clothing,
➢ Signs of struggle

Only evidence of sodomy - Presence of semen in the anus

Examination of active agent
-
➢ Examined for abrasion and bruise on penis and traces of faeces and lubricants on his genitals
➢ Clothes examined for the presence of any stains of semen, blood, faeces etc. -Examined for venereal disease.
SEXUAL PERVERSIONS
These are habitual acts aimed at obtaining sexual gratification without sexual intercourse
1) Sadism- A person gets sexual gratification by the infliction of pain e.g. biting, cigarette burn, etc.
2) Masochism- Sexual gratification is obtained only when they receive painful stimulus from the
opposite partner
3) Fetichism-Sexual gratification is associated with contact and sight of certain parts of the female
body
4) Exhibitionism- a desire and intentional exposure of genitals in public places while in the
presence of others.
5)Transvestism (Eonism)Sexual gratification is obtained by wearing the dress of the opposite sex.
6)Uranism - Sexual gratification by fingering, folding, or licking & suking of the genitalia of the
opposite sex, etc.
7) Urolagnia – in which a person finds Sexual excitement or arousal from urine or the act of
urination.
8) Frotteurism- Sexual gratification by rubbing the genitalia against another person usually in lifts
or crowds.