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”
OLD DEFINITION:
8
A man is said to commit rape if he has sexual
intercourse with a woman under the following

Definition of rape
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, 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. Custodial Rape:
a) Police
b) Public Servant
c) Jail
d) Hospital
3. On pregnant woman
4. Gang Rape
For 2, 3 & 4: Punishment – 10 years to life
imprisonment.
Statutory Rape:
With consent, if age of girl less
than 18 years.
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
Objectives of medical 20

examination of the

Examination of victim of rape

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 21

taken

Examination of victim of rape

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 22

Examination of victim of rape

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 25

Clothes

Examination of victim of rape

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 26

the Body

Examination of victim of rape

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 27

Examination of victim of rape

 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
28

4. Wrists and arms or thighs

and legs – holding

Examination of victim of rape

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 29

Genitalia

Examination of victim of rape

 Objectives
 To search for evidence
of
1. Sexual intercourse
2. Forceful penetration
3. Other violence
Examine : 30

Vulva (Labia Majora)

Examination of victim of rape

Labia Minora
Hymen
Vagina
Perineum
Record injuries and evidence
of tenderness and
inflammation, alongwith
presence or absence of semen.
 31

Vestibule – space between labia

minoras and above the vaginal
opening

Fourchette – lower meeting

point of both labia minora

Fossa Navicularis – the

depression between fourchette
and the vaginal opening

Posterior commissure –
lower meeting point of both
labia majora
Specimens to be 32

collected

Examination of victim of rape

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 33
For blood and epidermis of accused.
For grouping and DNA Fingerprinting

Examination of victim of rape

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 34
definite evidence of sexual intercourse.
 Collect

Examination of victim of rape

 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.
35
Colposcopy:
To detect injuries.
Toludine Blue:
Stains injured areas.
UV light:
For seminal stains.
Seminal stains
visible under UV
light.
Opinion in case of 38
alleged Rape

Examination of victim of 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
7. Samples to be collected
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.
 43

2. Local Examination
(Genitalia)
 Examine for development and congenital anomalies
(to rule out impotency)

 Examine and record all injuries (abrasions, tear of

frenulum etc.)
3. Try to demonstrate evidence of
44
vaginal secretions and cells by
following methods:
4. 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.
5. 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
 45

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.
Seminal stains
visible under UV
light.
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,
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;
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.
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
6. Samples to be collected
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.
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
Medical Examination:
A] Active partner:
- abrasions
- Amylase detected in penile
swabs

B] Passive partner:
Spermatozoa in oral cavity
Medico-legal Aspects:
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.
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
Medico-legal Aspects:
1. Punishable under 377 IPC
2. Divorce
3. Cruelty to animals.