SEXUAL OFFENCES modified.pptx

Forensic Medicine

1. 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 .

2. A] Natural Sexual Offences involving natural penile-vaginal penetration (1)Rape (2) Adultery (3) Incest B] Unnatural Sexual Offences involving penetrations other than penile-vaginal (1) Sodomy (2) Buccal Coitus (3) Tribadism C] Sexual deviations/perversions Sexual psychiatric disorders Classification of Sexual offences

3. Natural Sexual Offences Classified: (a) Done without consent / violent --- Rape (b) Done with consent ---(1)Adultery (2)Incest

4. Legal definition, not medical. Defined in Section 375 I.P.C . Definition has been changed radically by “The Criminal Law Amendment Act 2013”

5. Modifications A man is said to commit “rape” if he (a) penetrates his penis, to any extent, into the vagina (which term shall include the labia majora) the anus or urethra or mouth of any woman or child or makes her to do so with him or any other person (b) inserts to any extent any object or a part of the body (other than the penis) into the vagina(which term shall include the labia majora) or urethra or anus of a woman or makes her to do so with him or any other person

6. (c) manipulates any part of the body of a woman so as to cause penetration of the vagina (which term shall include labia majora) or urethra or anus of a woman or makes her to do so with him or any other person (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person Under any of the following circumstances…….

7. Under these circumstances First - Against her will. Secondly- Without her consent Will - Psychological desire Consent - legal concept (Sec 90 IPC) permission

8. 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.

9. 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 herself to be lawfully married

10. 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.

11. Sixthly with or without her consent, when she is under eighteen years of age Seventhly when she is unable to communicate consent

12. Punishment As per 376(1) IPC imprisonment for > 7 years (upto life) + Fine As per 376 (2) IPC defines and punishes 14 serious forms of rape  rigorous imprisonment > 10 years upto life imp +Fine

13. 14 serious forms of rape Police officer Public servant A member of armed forces Staff of jail/ remand home/ other places of custody  Custodial Rape Management/ staff of hospital Relative/ guardian/ person of trust During communal/ sectarian violence

14. 8. On a pregnant woman 9. Woman < 16 years 10. Woman incapable of giving consent 11. Person in dominance over the woman 12. Mental disability/ physical disability 13. Grievous hurt during rape 14. Repeated rape

15. Section 376 (A, B, C, D, E) A  Punishment for causing death or resulting in a persistent vegetative state 376 AB -< 12 years of age B  by husband on his wife during separation C  by a person in authority D  Gang rape 376 DA < 16 years of age , 376 DB < 12 years E  by repeat offendors

16. ADULTERY: IPC 497 Voluntary sexual intercourse between one spouse & a person of opposite sex, not his or her partner, during the continuation of marriage. The law became dysfunctional on 27 September 2018  but can be ground for divorce.

17. Incest 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.

18. Types of Incest : 1. Adults & children 2. Between childhood siblings 3. Between consenting adults 4. Adult siblings Laws: In India, as such its not an offense.

19. Unnatural Sexual Offences Definition According to 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 10 years and shall also be liable to fine.”

20. Types 1. Sodomy 2. Tribadism 3. Buccal coitus 4. Bestiality

21. Anal intercourse between man & man or between man & woman ‘ penile- anal intercourse ’. Other names: 1. Greek love 2. Buggery Gerantophilia  when passive agent is adult Paederasty  when passive agent is child. Paedophile  Active agent Catamite – Passive agent Passive agent vs Active agent

22. Anal Findings in non-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 Base at external sphincter & apex inward 7. Triangular contusion.

23. 8. Digital Examination: Loss of elasticity & tone 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

24. Examination findings - Habitual passive agent 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. Anal fissure, scars Piles & fissures ++ Venereal diseases ++

25. Buccal Coitus Also called “oral coitus” or “Sin of Gomorrah” Can be performed by both sexes. 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)

26. 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

27. Medico-legal Aspects : 1. Punishable under 377 IPC 2. Divorce 3. Rape – As per “The Criminal Law Amendments Act 2013”

28. 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.

29. 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

30. Medico-legal Aspects 1. Punishable under 377 IPC 2. Divorce 3. Cruelty to animals.

31. Sexual Perversions Persistently indulged sexual acts or fantasies in which complete satisfaction is sought & obtained without sexual intercourse.

32. Exhibitionism Obtaining sexual arousal by exposing genitals to an unsuspecting stranger

33. Fetishism Obtaining sexual arousal using or thinking about An inanimate object (undergarments, etc) Or a part of body

34. Lesbianism It is a female homosexuality Wherein woman derives sexual pleasure and gratification by mutual friction of genitals. Other names : ‘Tribadism’, ‘ Sappism ’ Active partner – Butch or Dyke Passive partner - Femme

35. On 6 September 2018, Supreme court of India ruled that the application of Section 377 to consensual  homosexual sex between adults was unconstitutional , "irrational, indefensible and manifestly arbitrary",  but remains in force relating to sex with minors, non- cosensual  sexual acts, bestiality

36. Frotteurism Obtaining sexual arousal by rubbing ones genitals against others in crowds and public places.

37. Lust Murder Erotophonophilia Gets sexual arousal By killing another person

38. Sadomasochism Sexual arousal is obtained Through afflicting pain on the partner

39. Masturbation Deliberate self- stimulation resulting in sexual climax

40. Mixoscopia Observing the sex performance of other couples

41. Necrophilia Intercourse with dead people Necrophagia  eating the dead persons flesh for sexual gratification

42. Oedipus Complex Intended sex between mother and son

43. Sexual oralism Obtaining sexual pleasure from application of mouth to the sex organs Cunnilingus  stimulation of female sex organ Fellatio  stimulation of male sex organ

44. Transvestism Sexual arousal from dressing in clothes of the opposite sex

45. Voyeurism Peeping tom Obtaining sexual arousal By observing nude individuals