Sexual Offences | FMT | Subodh Garg | MBBS

An in-depth review of Asphyxiant Poisons, adequate for both your UG and PG needs. I made this with the utmost sincerity, and I hope the person reading this uses it in the same manner.

1. Sexual Offences
Subodh Garg

2. Introduction
Sexual offences are unlawful sexual acts committed a
gainst a person without consent, or with consent obtained by fraud,
coercion, or incapacity. These acts are recognized as crimes under law because they violate bodily autonomy, sexual
integrity, and human dignity.
Importance in Forensic Medicine
Medico-legal relevance:
Do
ctors are often called to
examine victims and
accused.
Social impact: Sexual violence pr
oduces
profound psychological trauma and stigma.
Legal implications: Accur
ate medical
documentation influences conviction rates.
Ethical duty: Victim9s privacy, consent for examination, and chain of custody of e
vidence are crucial.

3. Classification of Sexual Offenses
Broadly, sexual offences include:
1R
ape
2Unnatur
al sexual
offences (sodomy,
buccal coitus,
bestiality, etc.)
3Incest
4Indecent as
sault
5Sexual har
assment
and outraging modesty
6V
oyeurism and
stalking
7Child s
exual offences (POCSO Act,
India)
8Marital r
ape (legal grey areas in India)

4. Legal Framework in India
IPC Sections R
elevant to Sexual Offences
1S
ection 375 IPC: Defines
rape
2S
ection 376 IPC:
Punishment for rape (7
years to life)
3S
ection 376A3376E:
Aggravated forms of rape (custodial rape, gang rape, rape of minors, repeated
offenders)
4S
ection 354 IPC: Assault
or criminal force to outrage
modesty
5S
ection 354A: Sexual
harassment
6S
ection 354B: Assault to
disrobe a woman
7S
ection 354C: Voyeurism
8S
ection 354D: Stalking
9S
ection 377 IPC (struck
down in 2018 for consensual homosexual acts): Still applicable for
bestiality and non-
consensual acts

5. POCSO Act, 2012 (Protection of Children from Sexual
O
ffences)
Defines child as b
elow 18 years
Recognizes penetrative and non-
p
enetrative assaults
Provides for child-friendly

procedures during trial
Mandatory reporting of child sexual off
ences

6. Rape
A man is said to commit rape if he penetrates his pe
nis into the vagina, mouth, urethra, or anus of a woman, or inserts objects/fingers
into these orifices, against her will, without consent, or when she is a minor (<18 years).
Essential Ingredients
Penile3vaginal/anal/oral
p
enetration (partial is
enough).
Absence of c
onsent.
Victim may be incapable of c
onsent (minor, intoxicated,
unsound mind).
Circumstances where consent is invalid
Under 18 years of age. Obtained by threat or fear of d
eath/hurt.
Impersonation of husband.
Impersonation of husband.

7. Medico-Legal Examination of Rape Victim
Consent:
General examination: Mental state, injuries,
demeanor. Local examination:
1E
xternal genitalia: tears,
abrasions, seminal
stains, foreign hair.
2H
ymen: rupture
(old/new, site).
3V
agina: lacerations,
discharge, semen.
4A
nal and oral cavity:
injuries, foreign material.
Evidence collection:
5V
aginal/anal/oral swabs.
6F
ingernail scrapings.
7P
ubic hair.
8C
lothes (sealed, labeled).
9B
lood/urine (for drugs,
alcohol).
Role of DNA profiling
Gold standard for linking accused to crime. Must mai
ntain strict chain of custody.

8. Examination of the Accused
1Gener
al examination: injuries (scratches, bite marks).
2Genital examination: smegma status, p
enile injuries, presence of STIs.
3Collection of samples: blo
od, semen, hair, clothing.

9. Sexual Perversions (Paraphilias)
Sexual perversions
(no
w more correctly
termed paraphilias in
psychiatry) are
conditions where
sexual gratification is
achieved through
atypical, abnormal, or
socially unacceptable
practices.
They are considered
de
viations from
normal sexual
behavior and often
carry medico-legal
significance when they
involve non-
consenting partners,
children, public acts,
or animals.
Not all paraphilias are
off
ences 4 but once
they harm others, they
become sexual
offences under IPC.

10. Causes / Etiology
Psychological factors: childho
od
abuse, conditioning, personality
disorders.
Biological factors: hormonal
imbalance, br
ain lesions (temporal
lobe).
Sociological factors: p
oor social
adjustment, loneliness, frustration.
Psychiatric illnesses: s
chizophrenia,
intellectual disability.

11. Classification of Sexual Perversions
(
A)Based on Object of Desire
Exhibitionism ³
exp
osure of genitals in
public to gain arousal.
Voyeurism ³ ob
serving
others in sexual/private
acts without consent.
Fetishism ³ us
e of non-
living objects (e.g., shoes, undergarments).
Frotteurism ³ rubbing

against non-consenting
persons in public places.
Zoophilia (Bestiality) ³
s
exual acts with animals.
Necrophilia ³ s
exual
acts with corpses.
Paedophilia ³ s
exual preference for pre-pubertal children.

12. (B) Based on Act Performed
Sadism ³
arousal from
inflicting pain/humiliation.
Masochism ³
arousal from
receiving pain/humiliation.
Sadomasochism ³
c
ombination of above.
Transvestism ³
dressing in opposite sex9s
clothes for arousal.
Sexual asphyxia / autoerotic asphyxia ³
r
estricting oxygen during sex/masturbation.
(C) Other Notable Forms
Telephone scatologia ³
o
bscene calls.
Partialism ³
obsession with
body parts (feet, hair, etc.).
Gerontophilia ³
preference
for elderly.
Klismaphilia ³
arousal from enemas.
Coprophilia / Urophilia ³
sexual interest in
feces/urine.

13. Medico-Legal Importance
Exhibitionism,
v
oyeurism, frotteurism
³ IPC Section 354
(outraging modesty),
354C (voyeurism), 354D
(stalking).
Paedophilia ³
punishable under POC
SO Act.
Bestiality (Zoophilia) ³
punishable under Sec

377 IPC (still valid for
animals).
Necrophilia ³ IPC Sec

297 (indignity to corpse).
Sadism/Masochism ³ if cons
ensual, not
punishable; if non-
consensual, falls
under assault/rape.
Sexual asphyxia ³ c
an
lead to accidental death (autoerotic fatalities).
In criminal profiling, unusual injuries or bizarre sexual behavior may suggest pr
esence of paraphilia in accused.

14. Clinical & Forensic Features
1
Often repetitive,
compulsiv
e behaviors.
2
Usually associated with
p
sychiatric evaluation.
3
May leave p
eculiar
evidence:
Bite marks (sadism).
Pornographic material related
t
o preference.
Animal injuries (bestiality).
Unusual stains/fluids.

15. Management
1
Psychiatric counseling.
2
Behavioral therapy
(a
version, CBT).
3
Pharmacotherapy:

SSRIs, anti-androgens
(medroxyprogesterone
acetate, GnRH
analogues).
4
Legal intervention if off
ence committed.

16. Sodomy
Sodomy
Buggery) is defined as
anal sexual intercourse by a man with a man,
woman, or animal.
It is considered an u
nnatural sexual offence
under law.
Legal Aspects (India)
Historically punishable under
S
ection 377 IPC.
In 2
vs Union of India), consensual homosexual acts between
adults were decriminalized,
but non-consensual sodomy
and sodomy with animals
remain punishable.
If against will/without consent:
p
unishable like rape.
Sodomy with a child ³
offence under POCSO Act.

17. Types of Sodomy
1
Homo
sexual sodomy 3
between two males.
2
Heter
osexual sodomy 3
male with female via anal
route.
3
Besti
ality 3 male with
animal via anus.

18. Medico-Legal Examination
A
. Passive Partner (recipient)
Inspection of anus and perianal
r
egion:
Fresh injuries: abrasions, lacerations,
f
issures, bruises.
Sphincter tone: may be lax in habitual p
assive partners.
Dilatation: anus may remain patulous.
Seminal stains or lubricants may be d
etected.
Proctoscopy:
internal tears,
congestion.
Swabs:

DNA.
B. Active Partner (penetrator)
Penis:
May show abrasions, scratches, bite marks.
Absence of smegma if recent intercourse.
Clothes: seminal stains, lubricants.

19. Evidentiary Value
1
Detection of semen
(micr
oscopy, acid
phosphatase test, PSA
test, DNA profiling).
2
Injuries around anus
highly suggestiv
e,
especially in non-
consenting cases.
3
Presence of lubricants,
for
eign hair, or fibres.
4
In habitual cases, absence of acute injuries does not rule out s
odomy.

20. Medico-Legal Importance
1
Non-consensual sodomy
= s
exual assault ³
punishable.
2
With minors (<18 years)
³ POC
SO offence.
3
With animals ³ off
ence
under Sec 377 IPC.
4
Victims may develop p
sychological
trauma or STDs (e.g., HIV, syphilis,
gonorrhoea).
5
Doctor9s role: provide treatment, collect
e
vidence, ensure consent for
examination.

21. Management of Victim
1
Emergency treatment of
anal in
juries.
2
Post-exposure
pr
ophylaxis for
STDs/HIV.
3
Psychological
couns
eling.
4
Documentation and reporting (especially if victim is minor).

22. Unnatural Sexual Offences
Unnatural sexual offences ar
e sexual
acts against the order of nature, i.e.,
acts that do not follow the natural
process of penile3vaginal intercourse
for procreation.
Medico-legally, they are offences when
the
y involve non-consenting persons,
minors, or animals.

23. Legal Aspects (India)
1
Governed by Section 37
7
IPC (before 2018).
2
After the Na
vtej Singh
Johar vs Union of India
judgment (2018):
Consensual homosexual
a
cts between adults
decriminalized.
Non-consensual acts, acts w
ith minors, or with
animals remain punishable.
3
Other related sections:
Sec 375/376 IPC
(rape,
includes anal/oral penetration
after 2013 amendments).
POCSO Act, 2012
(for
minors).

24. Types of Unnatural Sexual Offences
1
Sodomy (Buggery)
Anal intercourse by man with man,
w
oman, or animal.
Findings: anal fissures, dilated
a
nus, semen stains, relaxed
sphincter.
2
Buccal Coitus (Oral Sex)
Insertion of penis into mouth.
Findings: congestion of lips,
t
ongue, pharynx; semen in oral
cavity.
3
Bestiality (Zoophilia)
Sexual intercourse with animals.
Findings: semen in animal
v
agina/rectum; animal hair on
accused.
4
Tribadism / Lesbianism
Homosexual intercourse between females.
May show genital abrasions, use of objects/dildos.
5
Necrophilia
Sexual intercourse with dead body.
Punishable under IPC Sec 297 (insult to corpse).
Forensic clue: genital injuries on corpse, semen sta
ins.

25. Medico-Legal Examination
A. Vic
tim
General injuries:
abrasions,
bruises, nail marks.
Genital/anal/oral injuries
d
epending on act.
Collection of evidence:
swabs
(oral, rectal, vaginal), clothes,
hair, lubricants.
Special points:
Habitual passive sodomy ³
patulous anus, loss of folds.
Recent act ³
fresh tears, bleeding.
B. Accused
Penis: abrasions, smegma
s
tatus, STDs.
Clothes: stains (semen, fecal m
atter).
Body: scratches, bite marks.
Samples: semen, blood, DNA.

26. Forensic & Medico-Legal Significance
1
Can mimic or be
confus
ed with rape
cases.
2
Important in child abus
e
(POCSO).
3
HIV/AIDS, STDs mor
e
common due to anal/oral
exposure.
4
Bestiality c
an spread zoonotic
infections.
5
Necrophilia ³ indignity to corp
se, may
hinder crime scene investigation.

27. Punishments (India)
1
Non-consensual
unnatur
al offences:
Imprisonment up to life +
fine.
2
With minors:

Punishment under
POCSO (minimum 10
years).
3
With animals: Still

punishable under Sec
377 IPC.
4
Necrophilia: IPC Sec 297 3 impris
onment up to 1 year or fine.

28. Doctor9s Duties
1
Obtain informed cons
ent
before examination.
2
Ensure priv
acy,
confidentiality (Sec
228A IPC).
3
Collect and seal evidence
pr
operly.
4
Provide tr
(STI prophylaxis,
HIV PEP, emergency care).
5
Give detailed medico-legal r
eport to
police.

29. Incest
Incest is defined as s
exual intercourse
between persons who are related to
each other within prohibited degrees
of relationship, where marriage itself
is not legally or socially permitted.
It is considered both a mor
al/social
taboo and a sexual perversion when it
occurs.

30. Legal Status in India
1No sp
ecific IPC section directly criminalizes incest between consenting adults.
2Ho
wever:
If f
³ it is treated as rape (Sec 375/376 IPC).
If one party is a m
inor (<18 years) ³ offence under POCSO Act, 2012.
In cases of incestuous marriage, the H
indu Marriage Act and Special Marriage Act declare such marriages
void if within prohibited degrees of relationship.
3Man
y other countries have specific incest laws regardless of consent.

31. Types of Incest
1
Consensual incest ³
b
etween adults (socially
unacceptable, legally
unrecognized).
2
Incestuous rape ³ one

relative forces another.
3
Paedophilic incest ³
adult r
elative sexually
abuses a child (common
in child sexual abuse
cases).

32. Etiology / Causes
Lack of sexual outlet, overcrowding,
clo
se living quarters.
Alcoholism, substance abuse.
Psychiatric illness or sexual
p
erversions.
Power dynamics within family.

33. Medico-Legal Importance
1Child s
exual abuse: Most cases reported under POCSO are within family.
2Pr
egnancy from incest: May require medical termination of pregnancy (MTP).
3Genetic cons
equences: Increased risk of congenital malformations, autosomal
recessive disorders due to consanguinity.
4So
cial consequences: Stigma, family breakdown.
5L
egal proceedings: Medical evidence (hymenal tears, DNA testing for paternity) may
be crucial.

34. Examination in Suspected Cases
1
Victim: L

sexual assault (tears,
injuries, semen
detection).
2
Accused: Examine for

potency, signs of
intercourse.
3
DNA profiling: Imp
ortant
to establish paternity in
pregnancy cases.
4
Psychological evaluation: Both victim and p
erpetrator often need counseling.

35. Punishments
1
If victim <18 years ³
s
evere punishments
under POCSO (7 years to
life imprisonment).
2
If adult but without

consent ³ rape
punishments (minimum
7 years).
3
If consensual between
adults ³ no sp
ecific law
in India, but marriage
void under personal
laws.

36. Sexual Harassment and Related Offences
1S
ection 354A IPC
Covers unwelcome sexual
advances, demands for sexual
favors, showing pornography,
making sexually colored
remarks.
2S
ection 354C IPC
Voyeurism 3 watching or capturing images of a woman engaged in private act without
consent.
3S
ection 354D IPC
Stalking 3 repeatedly following
or contacting a woman despite
disinterest.

37. Medico-Legal Duties of a Doctor
1Obtain informed

consent before
examination.
2Ensur
e privacy and
confidentiality
(Section 228A IPC
prohibits disclosure of
victim9s identity).
3Collect and pr
eserve
evidence in sexual assault evidence kit.
4Pr
ovide treatment first
(emergency contraception, STI prophylaxis, counseling).
5Pr
epare a detailed
medico-legal report (MLR).
6Mandator
y reporting to
police (in case of minors or if victim consents).

38. Psychological Sequelae
1
P
ost-traumatic stress disorder.
2
D
epression, anxiety, phobias.
3
S
exual dysfunction.
4
S
uicidal tendencies.

39. Punishments
Rape (Sec 376):
Minimum 7 y
ears,
extendable to life.
Gang rape: Minimum 20

years, may extend to life or death penalty (if victim <12 years).
Custodial rape: Minimum

10 years.
Repeat offenders: De
ath penalty
possible.
Unnatural offences (Sec 377):
Impris
onment up to life (still valid for
bestiality, non-consensual acts).

40. Marital Rape
Exception 2 of Sec 375 IPC: Sexual
inter
course by a man with his own wife,
the wife not being under 18 years, is not
rape.
Debated heavily; partially struck down in s
ome High Court rulings, but not
criminalized fully in India yet.

41. Child Sexual Offences (POCSO Act)
1Defines p
enetrative sexual assault, aggravated penetrative assault, sexual
harassment.
2Mandator
y reporting 3 doctor must inform police.
3Child-friendly tri
al procedures.
4P
unishment: rigorous imprisonment, fine.

42. Ethical Issues
1
Victim blaming must be
a
voided.
2
Consent for examination is s
eparate from consent
for lodging FIR.
3
Emergency care must not b
e denied for medico-
legal reasons.

43. THANK YOU