08 sexual offences

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Sexual offences Sexual offences

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Page 1: 08 Sexual Offences

Sexual offences Sexual offences

Page 2: 08 Sexual Offences

Virginity and defloration :Virginity and defloration :

Page 3: 08 Sexual Offences

Virginity :Virginity :

“ “It is the state of a female who has never had It is the state of a female who has never had experience with sexual act.”experience with sexual act.”

Defloration :Defloration :

loss of virginity loss of virginity

“ “Defloration is the condition of the female Defloration is the condition of the female who has had previous sexual intercourse.”who has had previous sexual intercourse.”

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Medicolegal importance :Medicolegal importance :

Nullity of marriage – marriage never to have existed Nullity of marriage – marriage never to have existed in law.A marriage can be nullified when either party in law.A marriage can be nullified when either party was under the age of marriage contract,when one was under the age of marriage contract,when one party was a mental defective at the time of marriage.party was a mental defective at the time of marriage.

Divorce – dissolution of previously valid marriage.Divorce – dissolution of previously valid marriage. Defamation – to damage the reputation,character or Defamation – to damage the reputation,character or

good name of by slander or libel.good name of by slander or libel. Rape Rape

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Cause of rupture of hymen:Cause of rupture of hymen:

Sexual intercourseSexual intercourse Accidental traumaAccidental trauma MasturbationMasturbation Medical examination or surgical operationsMedical examination or surgical operations Sanitory tamponsSanitory tampons Ulcerations from any diseased conditionsUlcerations from any diseased conditions

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Differences :Differences :

Hymen Hymen Intact,firm,enelasIntact,firm,enelastictic

Admit only one Admit only one fingerfinger

torn,elastictorn,elastic

Breast Breast Firm,elastic,non Firm,elastic,non pendulouspendulous

Large,flabby,penLarge,flabby,pendulusdulus

Labia majoraLabia majora Lie in close Lie in close oppositionopposition

Not soNot so

Labia minoraLabia minora Are in contact, Are in contact, covered by covered by majoramajora

Not in Not in contact,seperated contact,seperated from the majorafrom the majora

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Sexual offences :Sexual offences :

Rape :Rape :

“ “ unlawful sexual intercourse by a man with a unlawful sexual intercourse by a man with a woman other than his wife, without her woman other than his wife, without her consent by force, fear or fraud.”consent by force, fear or fraud.”

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Legally :Legally : “ “Unnatural sexual intercourse by a man with Unnatural sexual intercourse by a man with

his his own wife below the age of 15 yearsown wife below the age of 15 years or or withwith any other woman below the age of 16 years any other woman below the age of 16 years with or without her consentwith or without her consent, or , or any otherany other woman at or above the age of 16 years without woman at or above the age of 16 years without her consent and against her willher consent and against her will (except his (except his own wife ) or own wife ) or with her consent taken by somewith her consent taken by some unlawful meansunlawful means is known as rape.” is known as rape.”

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What constitutes rape ??What constitutes rape ??

Slightest penetration of the penis with in the Slightest penetration of the penis with in the vulva with or without emission of semen or vulva with or without emission of semen or rupture of hymen – RAPE..rupture of hymen – RAPE..

Don’t give opinion whether …Don’t give opinion whether … Just mention negative factsJust mention negative facts

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Age of rapist :Age of rapist :

No age limitNo age limit England : > 14 years England : > 14 years

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Age of victim:Age of victim:

Commonly children / adolescent girls.Commonly children / adolescent girls.

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Complications :Complications :

ShockShock HemorrhageHemorrhage Sepsis Sepsis SuffocationSuffocation StrangulationStrangulation Mental derangement Mental derangement Pregnancy Pregnancy

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Medical evidence :Medical evidence :

Mark of general violence on victim or accusedMark of general violence on victim or accused Marks of local violence on the genitalia of the Marks of local violence on the genitalia of the

victimvictim Presence of stain of semen or blood on the Presence of stain of semen or blood on the

clothing of the victim or the person accusedclothing of the victim or the person accused Presence of seminal matter in the vaginaPresence of seminal matter in the vagina

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Rape of infants and children :Rape of infants and children :

Signs of general violence :Signs of general violence :

absent in infants absent in infants

few in childrenfew in children Signs of local violence :Signs of local violence :

depends upon the degree of penetrationdepends upon the degree of penetration

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Adolescent girls :Adolescent girls :

Marks of general violence :Marks of general violence : present present Marks of local violence :Marks of local violence : swelling ,inflammationswelling ,inflammation lacerated or torn hymenlacerated or torn hymen in recent case : in recent case : margin of the torn hymen red ,swollen and painful.margin of the torn hymen red ,swollen and painful. stain of blood ,semen may be found over the pubic stain of blood ,semen may be found over the pubic

hair, genitals or clothinghair, genitals or clothing

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Adult victims :Adult victims :

Signs of general voilence are more marked Signs of general voilence are more marked than adolescent girlthan adolescent girl

Local violence more or less similarLocal violence more or less similar

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Married woman:Married woman:

Signs of general violence Signs of general violence

more markedmore marked Signs of local violenceSigns of local violence

only proof is that penetration has occurred :only proof is that penetration has occurred :

spermatozoa in the vaginaspermatozoa in the vagina

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Positive signs of rape:Positive signs of rape:

Presence of spermatozoa in the vagina, pubic Presence of spermatozoa in the vagina, pubic hair or clothes. hair or clothes.

Veneral infectionsVeneral infections Evidence of struggleEvidence of struggle

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False charge of rape :False charge of rape :

For the purpose of revenge, blackmail etc.For the purpose of revenge, blackmail etc. WomenWomen Blunt instruments,Blunt instruments,

foreign bodiesforeign bodies

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Examination of the victim of rape :Examination of the victim of rape :

2 parts :2 parts :

1. preliminary requirements1. preliminary requirements

2. medical examination proper2. medical examination proper

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1. preliminary requirements:1. preliminary requirements:

- requisition- requisition

-written consent of the victim-written consent of the victim

-written consent from her parents, guardians-written consent from her parents, guardians

-presence of female attendant ,..MUST-presence of female attendant ,..MUST

-passport size photo attested by herself-passport size photo attested by herself

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2. medical examination proper:2. medical examination proper:a.-case ref. no. & datea.-case ref. no. & date -time of examination-time of examination -name, age of the victim-name, age of the victim -name of parent, guardian-name of parent, guardian -marital status, occupation,address.-marital status, occupation,address. -name of the police officer-name of the police officer -name of nurse or female attendant-name of nurse or female attendant -signature of them-signature of them -menstrual history-menstrual history

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ask the victim to undress herselfask the victim to undress herself Two identification marksTwo identification marks Examination of clothesExamination of clothes

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General examinationGeneral examination physical appearancephysical appearance heightheight wtwt secondary sexual characterssecondary sexual characters development of vaginadevelopment of vagina injuries on the bodyinjuries on the body vitals vitals

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Examination of the private parts:Examination of the private parts: -stain of semen or blood over the genitalia & pubic -stain of semen or blood over the genitalia & pubic

hairhair fibres of clothesfibres of clothes -collection of vaginal swab & smear for chemical -collection of vaginal swab & smear for chemical

analysisanalysis -evidence of bruising, laceration,swelling on labia -evidence of bruising, laceration,swelling on labia

majora and minoramajora and minora -evidence for venereal infection-evidence for venereal infection - nail, bite, scratch mark in the breast or in the face- nail, bite, scratch mark in the breast or in the face - examination of uterus per abdomen and bimanually- examination of uterus per abdomen and bimanually

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If suggestive of rape:If suggestive of rape:

From above data , my opinion is that she has From above data , my opinion is that she has had forcible intercourse and her present age had forcible intercourse and her present age is….. years.is….. years.

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Before that …Before that …

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Examination of the male accused of Examination of the male accused of rape:rape:

Obtain consentObtain consent Detail general historyDetail general history Observe – behavior, state of dress etcObserve – behavior, state of dress etc Examine clothingExamine clothing Full general examinationFull general examination Detail genital examinationDetail genital examination Sign of injury.. Face, bite mark ,local Sign of injury.. Face, bite mark ,local

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Adultery :Adultery :

Sexual intercourse between member of one Sexual intercourse between member of one spouse and the member of another spouse with spouse and the member of another spouse with consent is known as adultery.consent is known as adultery.

Doctor’s adultery :Doctor’s adultery :

improper association by a doctor with his improper association by a doctor with his patient or near relatives of the patient to whom patient or near relatives of the patient to whom he is implied.he is implied.

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Indecent assault :Indecent assault :

If any girl forcefully tries to perform sexual If any girl forcefully tries to perform sexual intercourse with a boy it is termed as indecent intercourse with a boy it is termed as indecent assault.assault.

In case of male :In case of male :

indecent assault is any offence committed on a indecent assault is any offence committed on a female with a intent or knowledge to outrage female with a intent or knowledge to outrage her modesty.her modesty.

eg.?/eg.?/

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Incest :Incest :

Sexual intercourse between closely blood Sexual intercourse between closely blood related person that their marriage is illegalrelated person that their marriage is illegal

Cause :Cause :

mental defectivesmental defectives

alcoholalcohol

cerebral diseasecerebral disease

separationseparation

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Unnatural offences :Unnatural offences :

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Sodomy :Sodomy :

BuggeryBuggery Anal intercourse between two males or Anal intercourse between two males or

between a male and a female.between a male and a female. Peaderasty Peaderasty CatamiteCatamite podophiliapodophilia

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Medico legal :Medico legal :

- punishable ; with consent or with out consent- punishable ; with consent or with out consent

even if the passive agent was accuser's wifeeven if the passive agent was accuser's wife

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Examination :Examination : difficultdifficult soon after the crimesoon after the crime active agents :active agents : -peculiar smell of anal gland-peculiar smell of anal gland -blood and seminal stain-blood and seminal stain -abrasions or tearing -abrasions or tearing passive agent (habitual):passive agent (habitual): -thickened skin -thickened skin -funnel shaped depression of buttocks-funnel shaped depression of buttocks passive agent (non habitual ):passive agent (non habitual ): -inflammation -inflammation -muscles loss tone and elasticity-muscles loss tone and elasticity -blood stain around anus-blood stain around anus -tenderness -tenderness

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Tribadism :Tribadism :

Lesbianism Lesbianism Female homosexual Female homosexual

Examination :Examination :

very difficult very difficult

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Bestiality :Bestiality : With a domestic animalWith a domestic animal Sheep's/cows/dogs/chickenSheep's/cows/dogs/chicken Mentally ill personMentally ill person Examination :Examination : accused :accused : -may be contaminated with the animal faeces-may be contaminated with the animal faeces -mark of injury-mark of injury -smell-smell animal :animal : -human spermatozoa-human spermatozoa - injuries- injuries

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Buccal coitus :Buccal coitus :

Per mouthPer mouth Victim :Victim : usually young childusually young child punishablepunishable Examination :Examination : finding rarefinding rare mark of teeth on penismark of teeth on penis semen in the stomach semen in the stomach

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Sexual perversions:Sexual perversions: Sadism Sadism Masochism Masochism NecrophiliaNecrophilia FetichismFetichism Transvestism ( Eonism)Transvestism ( Eonism) Exhibitionism Exhibitionism Voyeurism Voyeurism FrotteurismFrotteurism Undinism Undinism PyramaniaPyramania PodophiliaPodophilia Nosophilia Nosophilia

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Sexual perversions are act to obtain sexual Sexual perversions are act to obtain sexual pleasure without sexual intercourse.pleasure without sexual intercourse.

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1.Sadism :1.Sadism :

French noble man ‘Marquis de sade’French noble man ‘Marquis de sade’ It is the form of sexual perversion in which the It is the form of sexual perversion in which the

infliction of pain and torture act as sexual infliction of pain and torture act as sexual stimulant.stimulant.

Most common in menMost common in men SadistSadist Bite, beat, torture etc.Bite, beat, torture etc.

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Medico legal importance :Medico legal importance :

divorce divorce

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2.Masochism :2.Masochism :

In w/c gratification is obtained or increased by In w/c gratification is obtained or increased by suffering of pain.suffering of pain.

Leopard von sachef- masochLeopard von sachef- masoch Opposite sadismOpposite sadism

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3. Necrophilia :3. Necrophilia :

Desire for sexual intercourse with dead bodiesDesire for sexual intercourse with dead bodies malemale

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4.Fetichism :4.Fetichism :

Use of abnormal stimulants or objectsUse of abnormal stimulants or objects Shoes, ornaments, garments, cigarette smokingShoes, ornaments, garments, cigarette smoking

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5.Transvestism :5.Transvestism :

By wearing the clothes of opposite sex.By wearing the clothes of opposite sex. A practice of adopting of cloth or sexual role A practice of adopting of cloth or sexual role

of the opposite sexof the opposite sex

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6.Exhibitionism :6.Exhibitionism :

It is a willful and intentional exposure of the It is a willful and intentional exposure of the genital organs in public place in the presence genital organs in public place in the presence of others to obtain sexual pleasure.of others to obtain sexual pleasure.

Esp. malesEsp. males

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7.Voyeurism :7.Voyeurism :

ScoptophiliaScoptophilia Peeping tomPeeping tom By observing the sexual intercourse of othersBy observing the sexual intercourse of others Divorce/public nuisanceDivorce/public nuisance

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8.Frotteurism: 8.Frotteurism:

By rubbing his private part against a female’s By rubbing his private part against a female’s body. body.

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9.Undinism :9.Undinism :

By seeing the urination of others, may be same By seeing the urination of others, may be same or opposite sex.or opposite sex.

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10.Pyromania :10.Pyromania :

Sexual pleasure by seeing the flame or Sexual pleasure by seeing the flame or destruction of building.destruction of building.

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11.Podophilia :11.Podophilia :

By seeing the foot of opposite sexBy seeing the foot of opposite sex

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12.Nosophilia :12.Nosophilia :

Seeing the nose of opposite sex.Seeing the nose of opposite sex.

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Gerontophilia Gerontophilia

Paraphilia of being sexually attracted by Paraphilia of being sexually attracted by seeing adult.seeing adult.

-opposite of pedophilia-opposite of pedophilia

by seeing prepubescent childrenby seeing prepubescent children

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CoprophiliaCoprophilia

use of faces for sexual excitementuse of faces for sexual excitement

NymphomaniaNymphomania

excessive sexual desire and behaviour by excessive sexual desire and behaviour by femalefemale

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Lust murderLust murder

it is a homocide in which the offender it is a homocide in which the offender mutilates the sexual organs or areas of the mutilates the sexual organs or areas of the victim’s bodyvictim’s body