SEXUAL OFFENCES
Sexual offences are acts of sexual intercourse with a second person
or an animal to obtain sexual gratification.
Classification:.
(1) Natural sexual offences:
Rape.
• Incest: sexual intercourse by a man with a woman whose. their degree
of blood relationship prohibits their marriage e.g. mother, daughter, sister
or grand-daughter.
(2) Unnatural sexual offences:
• Sodomy.
• Bestiality: sexual act by a human being with a lower animal, either by
anus or by vagina. Sheep are commonly used by males, and dogs and cats
by females. Severe injuries may occur.
• Necrophilia: sexual activity with dead body.
• Tribadism: gratification of sexual desire of a women by another
woman = female homosexuality.
• Sadism: Infliction of pain on partner for sexual gratification. This may
cause severe injuries or death of the other partner.
• Masochism: sex enjoyment by receiving pain from another partner.
• Buccal coitus: intercourse through the mouth. Faint teeth marks and
abrasions may be seen on the penis.
• Sexual asphyxia: It is achieved by constriction of the neck by a ligature
which can be voluntarily tightened to produce cerebral hypoxia, which is
in some men appears to produce hallucinations of an erotic nature.. This
may lead to accidental death.
I. NATURAL SEXUAL OFFENCES
Rape
It is unlawful sexual intercourse of a woman by a man other than her
husband against her will, without her consent and by force.
Conditions of consent:
I She must not be under the age of 18 years which is the age of free
consent.
2. She should be sane and not mentally retarded.
3. She must be conscious, not be under anesthesia or asleep.
4. She must not be under the effect of drugs altering the personal behavior
or causing narcosis as alcohol, cannabis and opium.
5. She must not under fear, violence or physical and mental threats.
Examination of a case of rape:
(A) Examination of the victim:
• A written consent for examination of the victim or her guardian, after
explaining the nature and the of the examination, is essential,
• A detailed history of the crime heard from the victim must be taken in
her own words :as regards: the place, the amount of violence, the position
of the assailant and the mode of attack that should be elicited and
compared: with the comments of suspected assailant. Also, comments on
pain, bleeding, sensation of penetration and the appearance of any
discharge must be recorded.
• Age determination (to identify if above or below 18 years)..
• The examination should be made in the presence. of a third person (e.g.
a nurse);
The findings may be:
(1) Clothes: tears, marks of mud or grass, stains (blood or semen)
particularly of the underwear. it should be ascertained if she has changed
her clothing bathed or passed urine. The clothing should be retained,
carefully dried and labeled to be examined.
(2) Behavior, manner of speech and gait.
3) Smell of mouth (alcohols and anesthetics) as manifestations of drug
toxicity .
(4) Mental faculties observation during the interview or examination.
(5). General body examination: .
a. Physical development and body built (compared to that of suspected
assailant).
b. Wounds as signs of general violence and resistance on the body (bites,
nail scratches, contusions) around. the mouth. and. nose to prevent
crying. or on the wrists and the inner sides of thighs and knees to force
the thighs apart. The age of the wounds must be correlated with the
suspected time of the crime.
(6) Local genital examination:
• The victim is put in the lithotomy position in good direct light fully
exposed.
• Genital examination must be done as soon as possible; menstruation
should not be a cause of delay.
• Fear and shame from examination is more evident in virgins.
Local examination may reveal:
a. Wounds as signs of local violence:
I. Abrasions or contusion of vulva caused by the assailant fingers.
2. Hymenal tears in virgin victim. Here, we must differentiate between
recent and old tears .
3. Lacerations and tears in vagina and vulva, and perineal tear especially
if there is disproportion between male and female organs (e.g. in
children).
b. Assailant’s pubic hair may be found on the victim genitalia.
c. Seminal or blood stains of the assailant may be found on victim’s
clothes, pubic hair or inside the vagina. Samples must be collected and
analyzed (Refer to Illustrative Forensic Medicine and Toxicology book).
d. The presence of smegma bacilli is suggestive of coitus.
(7) Nails: for the presence of skin epithelial tags of assailant.
(8) Delayed examination of body and genitalia may be needed later for
the detection of venereal diseases (after 7 days . for gonorrhea and after
2-4 weeks for syphilis).
Examination of the hymen:
The hymen is a thin membranous structure which partially closes the
vaginal orifice in virgins.
There are different types (shapes):
1. Semilunar (cresentic): It has an anteriorly placed orifice. This is the
commonest type.
2. Annular: It has central opening. it may be so wide and dilatable as to
allow intercourse without being ruptured giving rise to suspicion of
unvirgihity of the female. It only ruptures by the descent of fetal head
during delivery. It is also common.
3. Dentate: It has indentation along the edges.
4. Fimbriate: with its fimbria around its opening. Both dentate and
fimbriate may be mistaken with torn hymen.
5. Cribriform: It is sieve like with a number of small fenestrations.
6. Septate: with complete or incomplete partition.
7. imperforate: with no opening. This leads to accumulation of
menstrual blood after puberty leading to enlargement of uterus and
simulating pregnancy. Surgical interference is indicated hi such case.
Recent hymenal tears
Old hymenal tears
- Painful, swollen, edematous.
- Painless, not edematous
- Neither hyperemic nor bleed on
- Hyperemic and bleed on touch.
touch.
- May not reach the vaginal wall.
-Reach the vaginal wall.
- Translucent
- Opaque
Torn hymen
1. Serrations usually reach vaginal
wall.
2. Dentations are irregular and
asymmetrical.
3. Width of the opening admits 2
fingers to pass through easily,
4. Transillumination shows opaque
scar tissue after healing of tear.
Dentate or fimbriate hymen.
Never reach vaginal wall.
Symmetrical on both sides.
Admits the tip of the little finger.
translucent tissue without scar.
Indications of medicolegal examination for virginity:
1. In cases of suspected virginity in newly married female; we must take
in considerations the special types of hymens including the dentate or
fimbriate hymens (which may simulate torn hymens) and the fleshy
dilatable hymen which may not bleed with the first intercourse.
2. In cases of alleged rape: for compensation or marriage.
3. In cases of suspected impotence: if there is intact hymen after marriage
the female may ask to be divorced.
4. In cases of imperforated hymen: This may simulate pregnancy
Signs of virginity:
1- Hymen is intact.
2-Posterior commissure is intact.
3-Labia majora are firm, round and completely closing the vaginal
orifice.
4. Vagina is narrow with a rugose mucosa.
5. Breasts are firm, hemispherical with small nipple and areola.
(B) Examination of the suspected assailant:
• Consent for examination must be taken,
• Detailed history compared with that of the victim.
• Age determination is essential by X-ray as before puberty (less than14
years) the male is usually unable to commit the crime of rape and also to
assess which court he will be tried in front.
1. Clothes: tears, blood or hair of the victim.
2. Behavior smell of mouth (alcohol) and mental state.
3. Physical development to be compared with that of the female.
4. Signs of violence and struggle as bites and finger nail abrasions are
usually on the chest, neck, hands and genitalia.
5. Grouping of semen and compare it with that found in the female’s
vagina. Also, using DNA finger printing technique is a vital tool in semen
identification.
6. Delayed examination for venereal diseases.
11. UNNATURAL SEXUAL OFFENCES
Sodomy
Sexual intercourse per anus by a man who is usually the active partner
with a passive partner that may be a man (homosexual, sodomy) or a
woman (heterosexual sodomy).
Indications of medicolegal examination for sodomy:
1. The two partners of sodomy may be arrested during the act.
2. The passive partner may accuse the active partner of doing the
act of sodomy against his will (e.g. in children).
3. A wife may ask for divorce alleging that her husband is a
sodomist.
Examination of the passive partner:
- Consent should be taken before examination from the passive
partner if adult or from the guardian of child.
- History of the crime must be heard and compared with
comments of the active partner.
I. Clothes: tears, stains. (blood or semen), more valuable in children,
2. Behavior: manner of speech and dressing, gait and response to anal
examination must be observed. If he is a habitual sodomist, he lies easily
in the examination position.
3. Anal examination: under adequate light in the knee elbow
position.
a. Detection of blood and seminal stains by swabs are collected and
analyzed.
b. Signs of recent sodomy:
c. Determination of manifestation of habitual sodomy.
Signs of recent sodomy:
Anal examination of the victim of recent sodomy reveals that the anal
orifice is tender under touch, and edematous. Zone of bruising may be
seen around it. Recent tears may be found with bleeding.
Manifestations of habitual sodomy of passive partner:
(A) The person usually takes the knee elbow position without shame.
(B) Anal examination:
1. inspection:
a. Fat substances are absorbed. from continuous pressure --> anus is
funnel or conical in shape.
b. Loss of usual mucosal folds —> smooth mucous membrane.
c. Thickening of anal mucosa due to chronic irritation.
d. Presence of piles and fissures.
e- Evidence of any venereal diseases.
2. Palpation (digital examination,):
1. Loss of elasticity and tone and absence of pain when introducing the
finger, this depends on size and elasticity of anal opening.
2. Anus is lax and patulous.
3. Loss of anal sphincter reflex: on pricking or pulling the skin around the
anus, complete relaxation and dilatation of the opening occurs,
(C) Rectal examination: for old or recent tears and swabs must be taken
from rectum for detection of semen and venereal diseases.