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SEXUAL OFFENCES

CLASSIFICATION
1. Natural Offences 3. Sexual Paraphilias
 Rape  Sadism
 Incest  Masochism
 Adultery  Necrophilia
 Fetichism
2. Unnatural Offences  Transvestism
 Sodomy  Exhibitionism
 Tribadism
 Bestiality
 Buccal Coitus
4. Sex Linked Offences
 Stalking
 Voyeurism
 Sexual Harrasment
 Trafficking
 Indecent Assault
RAPE
S.375 IPC – A man is said to commit rape if he -
1. Penetrates his penis to any extent into the vagina, mouth,
urethra or anus of a woman or makes her to do so with him or
any other person OR
2. Insert to any extent any object or a part of the body, not being
the penis, into vagina, mouth, urethra or anus of a woman or
makes her to do so with him or any other person OR
3. Manipulates any part of the body of a woman so as to cause
penetration into the vagina, mouth, urethra or anus of a
woman or makes her to do so with him or any other person
OR
4. Applies his mouth to the vagina, mouth, urethra or anus of a
woman or makes her to do so with him or any other person,
under the circumstances falling under any of the following 7
descriptions-
i. Against her will
ii. Without her consent
iii. With her consent, when her consent has been obtained by putting her or any other
person in whom she is interested, in fear of death or of hurt
iv. 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 herself
lawfully married
v. 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 substances , she is unable to understand substances, she is
unable to understand the nature and consequences of that to which she gives consent
vi. With or without her consent , when she is under eighteen
vii. When she is unable to communicate consent

Explanation- For the purpose of this section, vagina shall also include labia majora
Exception- 1) A medical procedure or intervention shall not constitute rape
2) Sexual intercourse of a man with his own wife, not being under 15 years is not rape
EXAMINATION OF VICTIM

Objects-
a) To search for physical signs that will
corroborate the history given by the victim
b) To search for, collect and preserve all
physical evidence for laboratory
examination
c) To treat the victim for any injuries and
against venereal diseases or pregnancy, and
prevention or lessening of permanent
psychological damage.
Examination Proper- Clothes

• Each item of clothing should be examined for


stains ( blood, seminal fluid, mud, grass, etc),
soiling, tears and loss of buttons, the site and
type of damage
• Foreign hair and fibres, etc found on clothes
or on the skin must be preserved and
compared with those found on accused.
General Examination
The whole body must be examined for marks of violence,
especially scratches or bruises resulting from struggle, as
regards their appearance, extent, situation and probable age.
Marks of violence may be found-
1. About the mouth and throat produced while preventing her
from calling help
2. About wrists and arms where the man held her
3. On the back from pressure on gravel or hard ground especially
shoulders and buttocks
4. About the inner sides of thighs and knees caused by forcing her
legs apart
5. On breast by rough handling
6. True bite marks and love bites are found on breasts, neck, chest
wall and also lower abdomen and upper parts of thighs
Absence of general injuries may be due to-
1. Submission of the victim due to fear of
injury or death
2. The force used for the resistance offered is
insufficient to produce an injury
3. Bruises may not be noticed for 48 hours
following assault
4. A delay in reporting the incident during
which minor injuries will fade or heal
Special Local Examination

Rape on Virgin
Examination of hymen
 Rupture of hymen is main evidence of rape in
virgin.
 Bruising of both labia majora and labia minora
is seen, depending upon force used.
 Tearing usually occurs at the sides, between 5
and 7 o’ clock position, or in the midline of the
hymen.
 There is laceration of hymen
External Genitals
 The labia may be red and inflamed with slight
oedema of vaginal interoitus if it is first sexual
act
 Swelling and congestion of mucosa at the
interoitus, the clitoris and the labia minora are
caused by genital stimulation
 The fourchette is fragile and may tear during
first intercourse
 Fossa navicularis disappears
Vagina
 Bruising of vagina is seen as dark red areas
against the overall redness of vaginal mucosa,
and within 24 hours the colour becomes deep
red or purple
 Frank laceration of vaginal wall or vault is rare
following sexual intercourse in women in child
bearing age but can occur in very young children
and in atrophic post-menopausal vagina.
Vaginal Examination

 In most young women, a finger may be


inserted into the vagina although the hymen
is intact
 If the vaginal opening is enough to admit 2
fingers easily, the possibility of sexual
intercourse having taken place may be
inferred
Rape on Deflorate Women
 Complete penetration can occur in such women
without any evidence except semen. The only
proof that penetration has occurred is presence
of spermatozoa in the vagina. Therefore the
absence of injuries under certain circumstances
does not exclude even complete penetration.
 In case there was resistance, local injuries will be
present.
Rape on Children
 In young children, there are few or no signs of
general violence as the child has no idea what is
happening.
 The hymen is deeply situated and the vagina is
very small. It is impossible for penetration of an
adult organ to take place, so the penis is placed
either within the vulva or between the thighs. So
the hymen is intact and there may be little
redness or tenderness of vulva.
Injuries
 Bruising of both labia majora and minora
 The hymen shows a linear tear in the posterior or
posterolateral quadrant, which may extend into the
posterior vaginal wall and on the skin of the perineum
 Circumferential tears of mucosa of vestibule are
common
 Full penile penetration produces bruising of vaginal
walls with extensive haematoma affecting particularly
the anterior half, and frequently tears of the anterior
and posterior vaginal walls
 Anterior tears can involve the bladder and posterior
tears can involve the anorectal canal
Examination of accused

GENERAL EXAMINATION
Clothes should be examined ,tears n loss of buttons
,hairs , fibres and foreign bodies
 Mud , grass, seminal fluid, nail scrapping, matting
of pubic hairs
 Marks of struggle
GENITAL EXAMINATION
 Development of genital organs for potency
 Forceful penetration into vagina cause bruising of
the frenulum of prepuse and abrasion of glans
penis
 Vaginal n cervical cell and barr body identification
INDECENT ASSAULT : Offence committed on a
female , with the intension or knowledge to
outrage her modesty.
SEXUAL HARASSMENT: It is an unwelcome sexual
gesture or behaviour whether directly or
indirectly as: a) sexually coloured remarks b)
physical contact and advances c) showing
pornography d) a demand or request for sexual
favours e) any unwelcome physical, verbal,
nonverbal conducts being in sexual nature .
INCEST: Sexual intercourse by a man with a woman
who is closely related to him by blood.
UNNATURAL OFFENCES

 SODOMY: The anal intercourse between two


males or between a male and a female.
 TRIBADISM: Female homosexuality is known
as tribadism.
 BUCCAL COITUS: The male organ is
introduced into mouth of another male or
female.
 BESTIALITY: It is sexual intercourse by a
human being with a lower animal
SEXUAL PARAPHILIAS
 SADISM: Sexual gratification is obtained or increased from act of
physical cruelty or causing of pain upon one’s partner.
 NECROPHILIA: Desire for sexual intercourse with dead bodies.
 MASOCHISM: Sexual gratification is obtained or increased by the
suffering of pain.
 FETICHISM: Use of objects for sexual gratification.
 TRANSVESTISM: Person whose whole personality is dominated by
thought of as a member of opposite sex . Usually found in male who
obtain sexual pleasure by wearing female dress.
 EXHIBITIONISM: Experiences recurrent, intense sexually arousing
fantasies, sexual urges or behaviour involving the exposures of one’s
genitals to an unsuspecting stranger.
 MASTURBATION: Is a deliberate self stimulation, which effects sexual
arousing.
 FROTTEURISM: Is a contact with another person to obtain sexual
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