Sexual offence

The sexual offence is defined as sexual intercourse performed in a way that is against the provision of the law of the land.

Classification of Sexual Offence:

A. Natural offence 1. Rape 2. Incest 3. Adultery	B. Unnatural offence 1. Sodomy 2. Tribadism/Lesbians 3. Bestiality 4. Buccal coitus
C. Sexual perversions 1. Sadism 2. Masochism 3. Necrophilia 4. Fetishism 5. Transvestism 6. Exhibitionism 7. Masturbation 8. Frotteurism 9. Undinism 10. Uranism 11. Bobit syndrome	D. Sex-linked offence 1. Stalking 2. Voyeurism 3. Sexual harassment 4. Trafficking 5. Indecent assault

 

Natural sexual offences: (Ref Endeavor)

These offences are performed in order of nature, ie. by penetration of female genitalia by male genitalia (penis)

 

Unnatural sexual offense

Voluntary sexual intercourse against the order of nature with any man, or woman, or animal is an unnatural sex offense

These offences are performed against the order of nature, i.e the acts do not involve the penetration of a women’s vagina by the penis of a man.

Example:

• Sodomy (anal coitus)
• Buccal coitus (oral coitus)
• Lesbianism (Female homosexuality)
• Bestiality (Sex act performed with an animal)

 

Sexual perversion

These are acts to obtain sexual pleasure without sexual intercourse.

It is persistently indulged sexual acts in which complete satisfaction is sought and obtained without sexual intercourse.

 

Incest

Incest means sexual intercourse by a man with a woman who is closely related to him by blood (prohibited degrees of relationship), e.g., a daughter, granddaughter, sister, stepsister, aunt, or mother.

It is not a cognizable offence.

Common:

1. Father and daughter (father – drunken)

2. Brother and sister

 

Adultery

It is voluntary sexual intercourse between a married person and a person married or not other than his/her spouse.

                                                            

Rape

It is unlawful sexual intercourse by a man with his wife below the age of 13 years or any other girls below the age of 16 years with/without her consent or any girl at or above the age of 16 years without the consent or consent taken by unlawful means. (Lecture)

 

Unlawful means:

1. Fraud: e.g., one married via telephone – sexual intercourse

2. Fear of death or hurt

3. Unsoundness of mind or drunkenness

4. Age: <16 years

 

Component of rape (Ref Self)

1. Against her will

2. Against her consent

3. With or without her consent, when she is under 16 years of age.

4. Wife below the age of 13 years

5. Consent taken by unlawful means

• Fear of death or hurt
• At the time of unsoundness of mind or drunkenness
• Fraud

 

Age of consent for sexual intercourse

• In Bangladesh - 16 years
• In India - 18 years

 

Consent

A woman of 16 years and above can give valid consent for sexual intercourse. The consent must be free and voluntary and given while is of sound mind and not intoxicated. The consent should be obtained prior to the act. Even a prostitute cannot be forced to have intercourse against her will.

 

Conditions where consent given for sexual intercourse become invalid

1. When obtained by fraud, as by impersonation or by misinterpretation of facts.
2. By putting her or any person in whom she is interested, in fear of death or hurt.
3. When obtained from a woman who is unsound mind or in a state of drunkenness.
4. When the woman is below 16 years of age

 

Statutory Rape:

It is sexual intercourse with a girl below 16 years of age even with her consent. It is neither violent nor physically coerced.

In simple words, having sex with someone who is under the age of consent.

 

Marital Rape:

It is forceful sexual intercourse with a wife who is living separately from him under a decree of separation or any custom or usage without her consent.

 

Rape trauma syndrome.

It is a behavioral, somatic, and psychological reaction that occurs as a result of forcible rape or attempt forcible rape.

It is generally regarded as a post-traumatic stress disorder.

It has 2 stages:

1. Immediate/acute:
Characterized by the emotional reactions of several kinds. E.g., tension symptoms together with feeling of guilt or humiliation.

2. Long-term:
During which the victim readjust her life as far as possible. E.g., she may suffer from nightmares and phobia.

 

Complications/dangers of rape/cause of death in the rape

A. Death due to:

1. Shock
2. Sepsis
3. Cellulitis
4. Peritonitis
5. Exhaustion
6. Hemorrhage
7. Strangulation
8. Suffocation
9. Lust murder

B. Mental derangements, convulsions and epileptic fits. Psychological trauma is much more when the victim knows the rapist.

C. It may disrupt the victim's physical, social and sexual life.

 

Procedure of rape victim examination (Examination of sexual assault)

A. Preliminary Requirement:

1. Documents:

• Requisition from an authorized person (Investigating police officer/Magistrate)
• Commanding certificate
• 3 copy attached passport size photo: (Attached by an authorized person)
  • • 1 copy: Forensic department
    • 1 copy: Radiology department
    • 1 copy: Court (Report)

2. Proper identification of the girl by an authorized person (Police constable)

3. Informed Written consent of the victim should be taken. Or consent from guardian (if age below 12). If she is under 12 years, or of unsound mind, the consent of her parents must be taken in writing.

• I will naked you
• I will see your private organ
• I will declare it openly in court
• Opinion may be in favor/against you

4. Presence of nurse or female attendant on medical examination.

 

B. Medical Examination Proper:
The following particulars should be noted.

1. Date, time, and place of examination.

2. Name, parent's name, age alleged by the person, sex, occupation, and address.

3. Name of the person who brought the person for examination.

4. Name of the police constable accompanying the person. (Who identify the victim prior to medical examination)

5. Name of the nurse or attendant present at the medical examination.

6. Marks of identification.

 Example:

• A mole present in the left angle of the mouth,
• Scar mark present on the back of the right elbow.

7. For medical examination, undressing is necessary and the victim should be requested to undress herself or the nurse or female attendant should be requested.

8. Examination of clothes

To ascertain

• Blood or other stains
• Seminal or suspected seminal stains
• Mud or other stains
• Evidence of struggle

9. General Examination

• Physical appearances & development
• Age determined by
  • • Height
    • Weight
    • Secondary sex characteristics
    • Radiological examination of bones
    • Eruption of teeth
• Menstrual History as per the statement of the victim
• Injuries on the body
• Difficulty in micturition
• Gait of victim
• Any diseases

10. Examination of private part

• Stains of blood or semen over genitalia & pubic hair, if so collection of pubic hair for chemical examination.
• Evidence of bruising, laceration, or swelling of labia major, minor, vagina
• Examination of hymen for presence of tear
• Collection of vaginal swabs & smear for chemical examination.
• Evidence of venereal infection

11. Examination report:

Opinion should be regarding sexual intercourse and not regarding to rape. He may give an opinion regarding either positive or negative findings of signs of recent vaginal penetration, general physical injuries, intoxication, etc.

The doctor should never make the diagnosis of rape.

Rape is not a medical diagnosis, it is only the legal definition.

 

Surest sign of rape

1. Presence of spermatozoa under 18 years

2. General violence, spermatozoa: normally

 

Findings of a rape victim:

1. Dress may be torn

2. Abrasion and bruise may be found in the medial aspect of the thigh, breast, etc.

3. Skin of assault may be found in the victim's nail.

 

CORROBORATIVE SIGNS OF RAPE

• Presence of spermatozoa in the vagina is proof of sexual connection, but not of rape.
• Vaginal discharges
• If the assailant is suffering from venereal disease, he may transmit it to his victim,
• STRUGGLE: Signs of active resistance may be present.

Nice To Know

SPECIMENS TO BE COLLECTED FROM VICTIM (Rape): Avulsed pubic hair Pubic hair combings Finger scrapings (for blood or tissue from the accused) Blood 5 ml, plain) for grouping and 5ml (EDTA) for DNA profile Blood 5 ml (sodium fluoride and potassium oxalate) for alcohol and drugs and venereal disease. Urine (sodium fluoride for alcohol and drug screening. Saliva for secretor grouping. Swabs from any body surface which has been kissed, licked, sucked, or bitten for saliva. Genital swabs

Specimens to be Collected from Accused (Rape): Swab from a coronal sulcus (after retracting the prepuce), prepuce, penile shaft, and urethral orifice, for they may reveal infecting organisms or blood that may also be present on the victim's swabs. Blood for grouping. Pubic hair combings and avulsed pubic hair. Matted pubic hair. Head hair. Loose hair found anywhere on the body. Nail scrapings.

 

Sodomy (Buggery)

Sodomy is anal intercourse between two males or between a male and female.

Catamite: If the passive agent is a child, he is called a catamite.

Paederasty: When the passive agent is a young boy is called paederasty.

Gerontophilia: When the passive agent is an adult is called gerontophilia.

Pedophilia: When always engaged with the child.

Podophilia: When always engaged with adults.

 

Findings in passive agent:

1. Anal mucosa: dilated, irritable, and tender to touch

2. Digital examination: loss of elasticity and tone

3. If one finger admits with discomfort without scarful that the act is not occur

4. If two fingers enter with slight discomfort them, then the act could be taken place

5. Tearing of sphincter ani

6. Linear abrasion

7. Haematoma may be present

8. Lubricant matter, seminal fluid, and venereal infection may be found

9. There may be fecal matter around the anus

10. Pain during walking and defecation

 

Finding in the habitual passive agent:

1. Shaving of anal hair

2. Skin smooth and thicker

3. There may be anal fissure and scar

4. There may be venereal disease

5. If we do lateral buttock retraction test: found a hole

 

Specimens to be Collected:

1. Blood
2. Urine
3. Head hair
4. Pubic hair
5. Loose hair and fibers found anywhere on the body.
6. Swabs from any soiled areas of skin.
7. Swabs from the anal. perianal and lower rectum, if necessary with the aid of a proctoscope.
8. Rectal washing with sterile saline.
9. Nail scrapings.

 

Procedure of examination of a passive agent in sodomy

1. Documents:

• Requisition from an authorized person (police/magistrate)
• Commanding certificate
• 3 copy attached passport size photo: (attached by an authorized person)

  - 1 copy: forensic department
  - 1 copy: radiology department
  - 1 copy: (report) Court

2. Identification by police

3. Informed written consent:

• I will naked you
• I will see your private organs
• I will declare it openly in court
• Opinion may be in Favour/against you

4. There should a 3rd person/attendance(female)

5. Examination:

- Undressing by herself

- Anal swab is taken in “knee-elbow position”

- Buttock retraction test

- Send her to the X-ray department to detect age.

 

Examination report:

1. Positive: during my examination sign of forceful intercourse is detectable.

2. Negative: during my examination no sign of forceful intercourse is detectable

 

Lateral buttock traction test:

A thumb is placed on each side of the anus and lateral traction is applied. In persons who are not accustomed to sodomy, there will be reflex constriction of the anal sphincter. In habitual sodomite, complete relaxation of e sphincter occurs with dilation of the opening which may be 4-5 cm in diameter through which the rectum can be seen.

 

Lesbianism (Tribalism) Female homosexuality is called Lesbianism. They got pleasure by simple lip kissing, mutual body contact, manual manipulation of breast and genitalia.

Bestiality Sexual intercourse by a man with a lower animal. Surest sign of bestiality: 1. Finding of semen/spermatozoa in the vaginal canal/anus of an animal 2. Finding of animal hair in the body of an active agent.

Sadism It is a form of sexual perversion in which the person gets sexual gratification by torturing his sex partner by beating, biting, whipping.

Masochism In masochism, sexual gratification is obtained or increased by the suffering of pain. Masochists get pleasure from being beaten, abused, tortured. humiliated, enslaved, degraded or dominated by their sexual partner.

Necrophilia Desire for Sexual intercourse with the dead body.

Necrophagia It is the extreme degree of sadism in which the person after mutilating the body, sucks or licks the wound, bit the skin, drinks the blood and eat the flesh of the victim to derive sexual pleasure.

Transvestism/Eonism It is the process of getting sexual gratification by wearing the cloth of the opposite sex.

Masturbation It is the deliberate self-stimulation that effect sexual arousal.

Exhibitionism It is the willful and intentional exposure of the genitalia in a public place while in the presence of others to attain sexual pleasures.

Fetichism means the use of such objects for sexual gratification.

Frotteurism It means contact with another person in order to obtain sexual satisfaction.

Bobbite syndrome It is a type of perversion in which the female partner amputates the penis of her male partner with a sharp-cutting weapon.

URANISM: It is a general term for sexual perversion which includes sexual gratification by fingering, fondling, licking, and sucking of the genitalia of the opposite sex.

 

Lust murder

It is the extreme form of sadism where one gets sexual gratification by killing the sexual partner accompanied by erection, ejaculation, and orgasm.

 

SEXUAL HARASSMENT:

It is an unwelcome sexual gesture or behavior whether directly or indirectly as:
(a) sexually colored remarks,
(b) physical contact and advances,
(c) showing pornography,
(d) a demand or request for sexual favors,
(e) any other unwelcome physical, verbal, non-verbal conducts being sexual in nature.

 

Voyeurism (Scoptophilia)

A person gets sexual by looking at others' sexual organs.

 

Indecent assault

Indecent assault is an offense committed on a female with the intention or knowledge to outrage her modesty.

Sex-linked behavior a person of the opposite sex or same-sex

 

Instinct

A series of inborn reflexes coupled with one to another regulating all the movements and motives, irrespective of sexual or mono-sexual, constructive or destructive or living beings.

Disorder of sexual instinct:

1. Aversion

2. Hypoversion

3. Hyperversion

 

Causes/examples of the sexual instinct

Aversion and hypoversion

1. Neurotic anxiety:

 - Wrong idea about sex
 - Fear
 - Religious prohibition
 - Depressive illness

2. Lack of love for the partner

3. Negative conditioning

 

Hyperversion

1. Mental disorder

2. Endocrine disorder

 

 

Caprolagnia

Sexual excitement is associated with the sight/smell of feces/defecation

Urolagnia

Sexual excitement is associated with sight/thought of urination.

PARAPHILIAS:

Abnormal and unorthodox sexplay by using objects or parts of the body is known as paraphilias.

Priapism

Priapism is persistent abnormal exertion of the penis usually without sexual desire and accompanied by pain or tenderness.

It is a disease condition or disease in cauda equina.

 

Sexual oralism

Getting sexual pleasure by sucking sexual organs.

1. Anilingus: kissing, licking, and sucking of the anus by the sexual partner.

2. Cunnilingus: kissing, licking, and sucking of female genitals.

3. Fellation: stimulation of the penis by partner's mouth