SEXUAL OFFENSES

Classification:

Natural offenses- rape, incest, adultery.

Un-natural offenses- sodomy, tribadism, bestiality, buccal coitus.

Sexual perversions- sadism, machochism, necrophilia, transvestism, exhibitionism, masturbation, voyeurism, frotteurism.

RAPE

It is an unlawful sexual intercourse by a man with a woman against her will, without her consent, with her consent by putting in fear of hurt or death, with her consent when at the time of consent she is unable to understand the nature & consequence intoxicated or given any stupefying substance, with or without her consent if she is a minor.

• Even if his wife, even with consent, if she is under 13,
• Of any woman under 14 years, not his wife, even with consent,
• Of any women above 14 years, against her will.
• Penetration is sufficient to constitute sexual intercourse necessary to the offence of rape.

Punishment:

1. U/S 376 P.P.C:

It may be imprisonment for 10 years to life imprisonment with or w/o fine (unlimited).

2. Under Islamic Penal Code:

HADD means punishment ordained by Holy Quran or Sunnath.

• Muhsan- be stoned to death at public place
• Not muhsan- whipping numbering 100 stripes at public place.

3. Zina: If a man & a woman, not husband & wife, both not insane, have sexual intercourse, they said to commit Zina.

4. Tazir: means punishment other than HADD

Examination of Victim:

• Includes:

a.Signs of local violence to body

b.Signs of local violence to private parts

c.Presence of spermatozoa

• The victim should not be examined w/o requisition from investigating police officer or the magistrate. The court or police has no power of forcing a woman for medical examination against her will.
• Consent has to be taken.
• Examination should be performed in the presence of a third person (female).
• General details of patient with identification marks & statement should be collected.
• Examine the clothes for signs of struggle like tears & for stains.
• Marks of violence on body like scratches, bruises.

Genitals:

• Pubic hair should be sent for chemical exam for semen & blood.
• Stains on thighs should be examined.
• Examine vulva for swelling, bruising, tenderness.
• Examine hymen (ruptured or not, if yes- recent or remote)
• Two vaginal swabs should be sent for chemical examination.

Presence of spermatozoa:

• Motile sperms in vagina- upto 100 hours.
• Non-motile sperms in vagina- upto 17 days.

Rape on children:

• Signs of struggle are less marked.
• Tearing of vulval & vaginal tissues.
• Infections are more common.
• Hemorrhage.
• Hymen is usually intact.

Accidents following Rape on Children:

• Convulsions or epileptic fit.
• Mental derangement due to psychic trauma.
• Death from shock due to fear & tear.
• Syncope due to excessive bleeding.
• Death due to septic infection.
• Death due to asphyxia.

Examination of Accused:

• Should be done as soon as possible.
• General development & mental condition of accused.
• Signs of struggle of victim, like scratches on face and private parts.
• Clothes for signs of struggle, seminal or blood stains.

• Local examination of genitals include:

a.Development

b.Potency

c.Any abnormality

d.Blood or seminal stains

e.Vaginal epithelial cells or penis

f.Smegma (absent in uncircumcised men)

g.Any injury to penis.

• Pubic hair should be sent for examination.

Incest:

• Sexual intercourse b/w close blood relations, b/w whom marriage is prohibited e.g. father, brother or uncle of a woman.
• Occurs b/w mental defectives where alcohol removes the natural inhibition etc.

Un-natural Sexual Offenses:

• Sexual intercourse against the order of nature with any man, woman or animal.
• Types:

A.Sodomy

B.Bestiality

C.Triabadism

A. Sodomy

Sodomy: Un-natural or anal intercourse b/w two men (homosexual sodomy) or b/w a man & a woman (heterosexual sodomy). It was practised in a town called Sodom.

Peaderasty: If the victim is a small or a young girl/boy, it is k/a paederasty. The accused is usually the pedophile.

Catamite: Passive agent is called catamite.

Sodomite: Active agent is called sodomite.

Buccal coitus: Intercourse b/w penis of a man & oral cavity of another man, a woman or a child. It is also known as coitus per os/sin of Gomorrah.

Examination of Passive Agent:

Non-Habitual

• Anal orifice dialted, irritable, inflamed & tender to touch.
• Abrasions of the skin are seen.
• Radial fissure of mucus membrane is seen.
• Defecation may be painful
• Blood stains may be seen on anus, perineum / clothes.
• Lubricant may be present.
• Signs of struggle may be present.

Habitual

• Usually hijras or eunuchs.
• Shaved anal regions.
• Funnel shaped anus.
• Muscles of anus lose tone.
• Loss of rugosity of mucosa or disappearance of radial folds.
• Prolapse of rectal mucosa.

Examination of active agent:

• Presence of smell transferred by anus.
• Traces of feces on penis.
• Abrasions & bruises on glans.
• Tearing of frenulum of penis.
• Stains of semen, blood or feces on penis.
• Examine for potency.
• Elongated & constricted penis (habitual sodomite).
• Presence or absence of smegma indicates time since last intercourse (in uncircumcised).

B. Bestiality: Sexual intercourse b/w a human being with a lower animal, either anus, vagina or any other opening.

Accused

• Fecal matter of animal may be seen.
• There may be an injury to penis.
• Blood, seminal or fecal stains may be seen on body or clothes.

Animal

• Semen may be seen in vagina or anus.
• Human hair may be seen on animal body.
• Injuries may be found on the anus of the animal.

Sexual perversions: are persistently indulged sexual acts or fantasies in which complete satisfaction is sought and obtained w/o sexual intercourse.

1.Tribadism- Homosexual connection b/w two women & consists of mutual friction of external genitals. (Lesbianism)

2.Masturbation- Sexual gratification by a person w/o external help in the form of self-indulgence. Mild masturbatory exercises are common and are of little importance.

3.Sadism- Sexual perversion in which sexual gratification is obtained by inflicting pain on opposite partner. In extreme cases of sadism, murder serves as the stimulus for sexual act leading to erection, ejaculation and orgasm called “Lust Murder”.

4.Masochism- Sexual perversion in which sexual gratification is obtained on receiving a painful stimulus from opposite partner (opposite of sadism). Named after Von Sacher Masoch, an Austrian novelist.

5.Fetichism- It is the sexual gratification produces by the sight of some part of woman’s body or their articles. E.g. shoes, stockings, underclothing.

6.Exhibitionism (Indecent exposure)- Sexual gratification is obtained by exhibition of genitals in presence of opposite sex.

7.Transvestism or eonism- Sexual pleasure is obtained by wearing the dress of the opposite sex.

8.Uranism- Sexual gratification obtained by fingering, folding or licking of genitals.

9.Necrophilia- Desire for sexual intercourse with dead bodies. Said to have sadomasochistic foundation and that decomposition, foul smell, coldness serve as stimulus for intercourse.

10.Voyeurism or scoptophilia- Sexual gratification obtained on watching genitals of other people indulged in sexual act.

11.Frotteurism- A compulsion to rub the genitals against other persons usually in buses etc. to obtain sexual satisfaction. It is punishable under IPC with fine upto Rs. 200.

12.Urolangia (coprophilia)- Sexual excitement is obtained by sight or odor of urine or feces.