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:
A man is said to commit rape if he has sexual
intercourse with a woman under the following
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.
Definition of rape

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 the man
knows that he is not her husband and
that her consent is given because she
believes that he is another man to whom
she is or believes herselves to be lawfully
married.
Contd

 Fifthly- 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. If with wife not less than 12 years, 2
years.
3. Custodial Rape:
a) Police
b) Public Servant
c) Jail
d) Hospital
4. On pregnant woman
5. Gang Rape
For 3, 4 & 5: Punishment 10 years to
life imprisonment.

Statutory Rape:
With consent, if age of girl less
than 18 years.

Marital Rape:
1. Living separately and
2. Without her consent

Rape by woman:
Not recognized.

Age of the Accused:

No age limit.

Burden of Proof:
As per section 114 IEA.

Examination of Victim:
1.
2.
3.
4.
5.
6.
7.

Consent
History
Clothes
General Examination
Local Examination
Samples to be collected
Opinion

Objectives of medical
examination of the
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
Examination of victim of rape

22

Precautions to be taken
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
23
possible Examination of victim of rape

Preliminary Data
1. Reference of requisition
letter
2. Name, age, sex, address etc
of the victim
3. Brought by ?, identified by?

Examination of victim of rape

24

1] Consent:
- Age >12 years
- Witnessed, written and
informed
consent is required
- In absence of consent,
examination
cannot be undertaken

2] History:
1.
2.
3.
4.
5.
6.
7.

Menstrual History
Marital Status
Obstetric History ( If relevant)
History of venereal diseases
History of the incident
Resistance offered
Bath or local washing done?

Examination of the
Clothes

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 27C.A.
Examination
of victim
of rape

General Examination of the

Body
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.)
Examination of victim of rape

28

Injuries
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
Examination of victim of rape

29

3. Over face violence

4. Wrists and arms or thighs
and legs holding
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 victim of rape

30

Examination of Genitalia
Objectives
To search for evidence of
1. Sexual intercourse
2. Forceful penetration
3. Other violence

Examination of victim of rape

31

 Examine :

Vulva (Labia Majora)

Labia Minora
Hymen
Vagina
Perineum
Record injuries and evidence
of tenderness and
inflammation, alongwith
presence or absence of
semen.
Examination of victim of rape

32

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
33
labia majora

Specimens to be collected
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

Examination of victim of rape

34

4. Nails / Nail scrapings

For blood and epidermis of accused.

For grouping and DNA Fingerprinting

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 comparisonsend to C.A.
Examination of victim of rape
35

7. Vaginal Swabs
Presence of spermatozoa in
vagina is definite evidence of
sexual intercourse.
. Collect
. 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 Examination
moreof victim
back.
of rape
36

37

Colposcopy:
To detect injuries.
Toludine Blue:
Stains injured areas.
UV light:
For seminal stains.

Seminal stains visible under UV

light.

Opinion in case of alleged

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.

Examination of victim of rape

40

Complications or Dangers of
Rape:
1. Haemorrhage & shock
2. Deatha) Assault
b) Suffocation
c) Strangulation
d) Intoxicants
e) Suicide
3. Mental agony
4. Rape Trauma syndrome

Examination of an
Accused:
1.
2.
3.
4.
5.
6.
7.
8.

Preliminary
Consent
History
Clothes
General physical examination
Genital Examination
Samples to be collected
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.

2. Local Examination
(Genitalia)
. Examine for development and
congenital anomalies (to rule out
impotency)
. Examine and record all injuries
(abrasions, tear of frenulum
etc.)

45

3.Try to demonstrate evidence

of vaginal secretions and
cells by following methods:
4. Rub a moist filter paper on the glans. Add
Lugols Iodine. Blue colour appears due to
the rich glycogen content of the vaginal
secretions.
5. Smear from glans + Stain with
Papanicolaus 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
46

Normal vaginal epithelial cell

47

glans

48

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.

Opinion:

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. Barbarios 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: 50-55.
Head Oval, 5.
Neck very short.
Tail tapering.

Microscopic Examination:
Method:
1. Stained fabric + 1% HCl or 3% acetic acid.
Keep for 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, agglutination/degeneration)

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 occurs1.
2.
3.
4.
5.

Between mental defectives

Alcohol
Cerebral diseases
Meet as strangers
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.
2.
3.
4.
5.
6.
7.

Consent
History
Clothes
General Examination
Local Examination
Samples to be collected
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 & nonhabituated passive agent will be
different.

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.
8. Digital Examination:

Anal Findings in nonhabituated 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.
2.
3.
4.
5.

Shaving of anal hair.

Skin around anus smooth & thick.
Loss of muscle tone.
Funnel shaped anus -rare
Lateral buttock traction test:
dilatation & laxity of anus.
6. Anal fissure, scars
7. Piles & fissures
8. Venereal diseases.

Samples to be
preserved:
1.
2.
3.
4.

Swab from perianal region

Swab from anal canal
Any foreign pubic hair
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.