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SEXUAL OFFENCES

&

SEXUAL PERVERSIONS

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Violence against women

Acid throwing, Angurya cutting, Breast ironing, Bride burning, Dating abuse (Date rape), Domestic violence,, Dowry death, Female genital mutilations, Female Foeticide, Female infanticide, Femicide, Foot binding, Forced abortion, Forced marriage, Forced pregnancy, Forced prostitution, Gishiri cutting Genocidal rape, Honour killing, Human trafficking, Infibulation, Marital rape, Murder of pregnant women, Rape (In campus Corrective Prison), Pregnancy from rape, Sati, Sexual slavery, Sexual violence, Violence against prostitutes,

Breast ironing is practiced in all ten regions of Cameroon and has also been reported across West and Central Africa, and has spread over to other countries among migrants. Breast ironing (also known as breast flattening[1]) is the pounding and massaging of a pubescent girl's breasts, using hard or heated objects, to try to make them stop developing or to disappear.[2][3] It is typically carried out by the girl's mother who will say she is trying to protect the girl from sexual harassment and rape,[3] to prevent early pregnancy that would tarnish the family name,[4] or to allow the girl to pursue education rather than be forced into early marriage.[2][4] It is mostly practiced in parts of Cameroon, where boys and men may think that girls whose breasts have begun to grow are ready for sex.[2] There are also fears that it has spread to the Cameroonian diaspora, for example to that in Britain.[5] The most widely used implement for breast ironing is a wooden pestle normally used for pounding tubers. Other tools used include leaves,[1] bananas, coconut shells,[2] grinding stones, ladles, spatulas,[4] and hammers heated over coals.

Femicide or feminicide is a sexual/gender hate crime term, broadly defined as the killing of women but definitions vary depending on the cultural context.^[1] Feminist author Diana E. H. Russell is one of the early pioneers of the term, and she currently defines the word as "the killing of females by males because they are females". Other feminists place emphasis on the intention or purpose of the act being directed at females specifically because they are female; others include the killing of females by females. The term femicide was first used in England in 1801 to signify "the killing of a woman."^[4] In 1848, this term was published in Wharton's Law Lexicon.^[5] Another term used is feminicide, which is properly formed from the Latin femina, meaning "woman" ("femicide" being truncated). Femicide is distinct from general homicide because the instances occur in domestic settings as a result of intimate partner or family violence, while policies targeting homicide often "...focus on street violence and organized crime, leaving aside domestic violence."^[8] Part of this political oversight is the lack of data on violence against women. This data is related to how thoroughly and properly their murders are investigated, prosecuted and classified.^[8] Violence against women constitutes the most common crime in the world with the highest levels of impunity for perpetrators.^[8] Often it is misreported as general manslaughter or accidental homicide showing a general tolerance for violence against women.^[8]

Foot binding (also known as "lotus feet") was the custom of applying painfully tight binding to the feet of young girls to prevent further growth. The practice possibly originated among upper-class court dancers during the Five Dynasties and Ten Kingdoms period in Imperial China (10th or 11th century), then became popular during the Song dynasty and eventually spread to all social classes. Foot binding became popular as a means of displaying status (women from wealthy families, who did not need their feet to work, could afford to have them bound) and was correspondingly adopted as a symbol of beauty in Chinese culture. Its prevalence and practice however varied in different parts of the country.

The Manchu Kangxi Emperor tried to ban foot binding in 1664 but failed.^[1] In the later part of the 19th century, Chinese reformers challenged the practice but it was not until the early 20th century that foot binding began to die out as a result of anti-foot binding campaigns. Foot-binding resulted in lifelong disabilities for most of its subjects, and a few elderly Chinese women still survive today with disabilities related to their bound feet.^[2] A lotus shoe for bound feet. The ideal length for a bound foot was 3 Chinese inches (寸), which is around 4 inches (10 cm) in western measurement.

The practice of gishiri cutting, also known as gishri cutting is a form of female genital mutilation performed commonly by the peoples of the Hausa and Fulani regions of northern Nigeria and southern Niger. The procedure is believed by traditional practitioners to treat a variety of gynaecological ailments, although there is no scientific basis for this procedure, and it is considered pseudoscience. The word "gishiri" is Hausa for "salt". It refers to the practice of Arab traders who still caravan across the Sahara to cities in northern parts of West Africa, such as Kano, Nigeria. When a customer buys a quantity of salt, the trader produces a long knife and cuts a piece off a large block; this knife is similar to the kind used to produce gishiri cuts. . The traditional treatment is to incise the vagina. A long knife is inserted into the vagina and backward cuts from the vagina's anterior wall into the perineum are made.^[3]

Serious injuries can result, such as fistulae: holes in the vaginal walls that separate it from the bladder or the rectum. Sometimes the knife is inserted down the urethra to make the cut, laying bare the entire lower urinary tract. Many women also die from hemorrhaging which results from the procedure. Later on it might cause A whole range of gynaecologic complaints, including difficulty in labour, infertility, dyspareunia (pain during sex), pelvic organ prolapse and urinary retention

Although human trafficking can occur at local levels, it has transnational implications, as recognized by the United Nations in the Prevent, Suppress and Punish Trafficking in Persons, especially Women and ChildrenThe Trafficking Protocol, which now has 167 parties,^[13] defines human trafficking as:

(a) [...] the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal, manipulation or implantation of organs;�

(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in sub-paragraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;�(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this does not involve any of the means set forth in sub-paragraph (a) of this article;�(d) "Child" shall mean any person under eighteen years of age.^[14]

In 2013, the total annual revenue for trafficking in people was estimated to be USD $32 billion. In 2008, the United Nations estimated nearly 2.5 million people from 127 different countries were being trafficked into 137 countries around the world.^[17]

Female infibulation, known as Type III female genital mutilation by the World Health Organization and as pharaonic circumcision in Africa, is the removal of the inner and outer labia, and the suturing of the vulva.^[1] It is mostly practised in northeastern Africa, particularly Djibouti, Eritrea, Ethiopia, Somalia and Sudan.^[2]

The procedure leaves a wall of skin and flesh across the vagina and the rest of the pubic area. By inserting a twig or similar before the wound heals, a small hole is created for the passage of urine and menstrual blood. The procedure is usually accompanied by the removal of the clitoral glans. The legs are bound together for two to four weeks to allow healing.^[3]

The vagina is usually penetrated at the time of a woman's marriage by her husband's penis, or by cutting the tissue with a knife. The vagina is opened further for childbirth, and usually closed again afterwards, a process known as defibulation (or deinfibulation) and reinfibulation. Infibulation can cause chronic pain and infection, organ damage, prolonged micturition, urinary incontinence, inability to get pregnant, difficulty giving birth, obstetric fistula and fatal bleeding.

Sexual slavery is particular form of enslavement which includes limitations on one's autonomy, freedom of movement and power to decide matters relating to one's sexual activity. Thus, the crime also includes forced marriages, domestic servitude or other forced labor that ultimately involves forced sexual activity. In contrast to the crime of rape, which is a completed offence, sexual slavery constitutes a continuing offence. ... Forms of sexual slavery can, for example, be practices such as the detention of women in "rape camps" or "comfort stations", forced temporary "marriages" to soldiers and other practices involving the treatment of women as chattel, and as such, violations of the peremptory norm prohibiting slavery.

Female genital mutilation (FGM), also known as female genital cutting and female circumcision, is the ritual removal of some or all of the external female genitalia. Typically carried out by a traditional circumciser using a blade or razor (with or without anaesthesia), FGM is concentrated in 27 African countries, Yemen and Iraqi Kurdistan, and found elsewhere in Asia, the Middle East, and among diaspora communities around the world.^[8] The age at which it is conducted varies from days after birth to puberty; in half the countries for which national figures are available, most girls are cut before the age of five.^[The procedures differ according to the ethnic group. They include removal of the clitoral hood and clitoral glans (the visible part of the clitoris), removal of the inner labia and, in the most severe form (known as infibulation), removal of the inner and outer labia and closure of the vulva. In this last procedure, a small hole is left for the passage of urine and menstrual fluidThe practice is rooted in gender inequality, attempts to control women's sexuality, and ideas about purity, modesty and aesthetics. It is usually initiated and carried out by women, who see it as a source of honour, and who fear that failing to have their daughters and granddaughters cut will expose the girls to social exclusion.^[11] Over 130 million women and girls have experienced FGM in the 29 countries in which it is concentrated.^[3] The United Nations Population Fund estimates that 20 percent of affected women have been infibulated, a practice found largely in northeast Africa, particularly Djibouti, Eritrea, Somalia and northern Sudan.^[12]^[13] The WHO, UNICEF and UNFPA issued a joint statement in April 1997 defining FGM as "all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs whether for cultural or other non-therapeutic reasons

Angurya cutting is excision of the hymen, usually performed seven days after birth.

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Statistics on Rape

National crime record bureau reported figure for rape in India in 2015 was 32077 out of which 1706 were gang rapes (Raja Sabha informed on 27/4/2016 by Home Miniistry)

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The rape of a noblewoman Lucretia in ancient Rome. She committed suicide(508BC) This was starting point in creation of republic in Rome

In 1998, Judge Navanethem Pillay of the International Criminal Tribunal for Rwanda said:

From time immemorial, rape has been regarded as spoils of war. Now it will be considered a war crime. We want to send out a strong message that rape is no longer a trophy of war.

In early ancient Rome, ancient China, and other cultures, a pressure has existed which has led women to commit suicide after becoming victims of rape. The iconic Roman instance is that of Lucretia. Likewise, suicide of female rape victims for reasons of shame is also historically documented in Chinese and Japanese culture.

Rape, in the course of war, dates back to antiquity, ancient enough to have been mentioned in the Bible. The Israelite, Persian, Greek and Roman armies reportedly engaged in war rape. The Mongols, who established the Mongol Empire across much of Eurasia, caused much destruction during their invasions. Documents written during or after Genghis Khan's reign say that after a conquest, the Mongol soldiers looted, pillaged and raped. Rogerius, a monk who survived the Mongol invasion of Hungary, pointed out not only the genocidal element of the occupation, but also that the Mongols especially "found pleasure" in humiliating women. The systematic rape of as many as 80,000 women by the Japanese soldiers during the six weeks of the Nanking Massacre is an example of such atrocities.During World War II an estimated 200,000 Korean and Chinese women were forced into prostitution in Japanese military brothels, as so-called "Comfort women“. French Moroccan troops known as Goumiers committed rapes and other war crimes after the Battle of Monte Cassino. (See Marocchinate.) Soldiers raping women and girls was common in many areas occupied by the Red Army. A female Soviet war correspondent described what she had witnessed: "The Russian soldiers were raping every German female from eight to eighty. It was an army of rapists."

It has been alleged that an estimated 200,000 women were raped during the Bangladesh Liberation War by the Pakistani army

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RAPE

The definition of rape varies both in different parts of the world and at different times in history
At some places the term "rape" is replaced now by terms such as "sexual assault" or "criminal sexual conduct“
Rape is a type of sexual assault involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent.

Originally, in Ancient Rome, 'rape' was a crime defining primarily the act of a male abducting a female without the consent of the man under whose authority she was (typically father or husband); sexual intercourse was not necessary.^[18] Furthermore, in many legal systems (such as 17th century France) the consent of the woman to sexual intercourse was not a defense - the act was still a crime if done without the consent of her father.^[19] While the laws on rape differed by historical period and culture, some elements were common to most jurisdictions until the second part of the 20th century (when rape laws underwent major changes): 'rape' was a crime that could be committed only between parties who were not married to each other, and only by a male against a female.

In some countries (e.g. Libya, Afghanistan) rape victims are sometimes killed to restore honor to the family's name.

In 1998, Judge Navanethem Pillay of the International Criminal Tribunal for Rwanda said:

From time immemorial, rape has been regarded as spoils of war. Now it will be considered a war crime. We want to send out a strong message that rape is no longer a trophy of war.

Sexual intercourse for the purposes of rape in India is the same as for carnal knowledge of British law that is any penetration of external genitalia, even the vulva by the male phallus(Before 2013 )

Some countries, such as Germany, are now using more inclusive definitions which do not require penetration,^[21] and the 1998 International Criminal Tribunal for Rwanda defines it as "a physical invasion of a sexual nature committed on a person under circumstances which are coercive".^[21] In some jurisdictions, the term "rape" has been phased out of legal use in favor of terms such as "sexual assault" or "criminal sexual conduct".^[26] Other countries or jurisdictions continue to define rape to cover only acts involving penile penetration of the vagina, treating all other types of non-consensual sexual activity as sexual assault. Scotland, for instance, requires that a rapist commit a sexual assault with a penis, so only males can legally be rapists.

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It is unlawful carnal knowledge of a woman without her consent by force, fear, or fraud
Rape is unlawful sexual intercourse by a man with a woman without her consent by force, fear or fraud
The United Nations Office on Drugs and Crime defines it as "sexual intercourse without valid consent,”
International Criminal Tribunal for ‘Rwanda’ in 1998 defined rape as "a physical invasion of a sexual nature committed on a person under circumstances which are coercive”

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In the United States, the 1962 Model Penal Code defined rape as "A male who has sexual intercourse with a female not his wife is guilty of rape if:(a) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or (b) he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or (c) the female is unconscious; or (d) the female is less than 10 years old."

Consent (New Zealand)

The mere fact that a person allows sexual connection to be performed on them, does not automatically mean that they are legally consenting. If that person allows sexual connection due to coercion (e.g., under force, threats or fear of force; when he/she is asleep or very intoxicated; if he/she is affected by an intellectual, mental, or physical condition or impairment of a certain nature and degree; when he/she is mistaken about the partner's identity), then he/she is not legally consenting.

128A Allowing sexual activity does not amount to consent in some circumstances^[36]

(1) A person does not consent to sexual activity just because he or she does not protest or offer physical resistance to the activity.

(2) A person does not consent to sexual activity if he or she allows the activity because of—

(a) force applied to him or her or some other person; or (b) the threat (express or implied) of the application of force to him or her or some other person; or (c) the fear of the application of force to him or her or some other person. (3) A person does not consent to sexual activity if the activity occurs while he or she is asleep or unconscious.

(4) A person does not consent to sexual activity if the activity occurs while he or she is so affected by alcohol or some other drug that he or she cannot consent or refuse to consent to the activity.

(5) A person does not consent to sexual activity if the activity occurs while he or she is affected by an intellectual, mental, or physical condition or impairment of such a nature and degree that he or she cannot consent or refuse to consent to the activity.

(6) One person does not consent to sexual activity with another person if he or she allows the sexual activity because he or she is mistaken about who the other person is.

(7) A person does not consent to an act of sexual activity if he or she allows the act because he or she is mistaken about its nature and quality.

(8) This section does not limit the circumstances in which a person does not consent to sexual activity.

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Definition of Rape

FBI (USA) 1927 "The carnal knowledge of a female forcibly and against her will.“Considered outdated and narrow in 2012
FBI(USA) 2012 "The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim”.
The World Health Organization defined it in 2002 as "physically forced or otherwise coerced penetration – even if slight – of the vulva or anus, using a penis, other body parts or an object“

Similar to Indian Law

The updated definition includes any gender of victim and perpetrator, not just women being raped by men, recognizes that rape with an object can be as traumatic as penile/vaginal rape, includes instances in which the victim is unable to give consent because of temporary or permanent mental or physical incapacity, and recognizes that a victim can be incapacitated and thus unable to consent because of ingestion of drugs or alcohol.

In the United States, the 1962 Model Penal Code defined rape as follows: "A male who has sexual intercourse with a female not his wife is guilty of rape if:(a) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or (b) he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or (c) the female is unconscious; or (d) the female is less than 10 years old."

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Essence of the crime

The updated definition includes “any gender of victim, and perpetrator, not just women being raped by men, recognizes that rape with an object can be equally traumatic as penile/vaginal rape, and includes instances in which the victim is unable to give consent because of temporary or permanent mental or physical incapacity, or ingestion of drugs or alcohol”.

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Classification

Natural Sexual Offences

Rape, Incest & Adultery

Unnatural Sexual Offences

Sodomy, Tribadism, Bestiality, Buccal coitus

Paraphilias:- Sexual Perversions ( Not Deviations or atypical sexual interest)

Sadism, Masochism, Necrophilia, Fetishism, Transvestism Exhibitionism, Voyeurism, Pedophilic disorder, Frotteurism

Most people with atypical sexual interests do not have a mental disorder. To be diagnosed with a paraphilic disorder, DSM-5 requires that people with these interests: feel personal distress about their interest, not merely distress resulting from society’s disapproval;or have a sexual desire or behavior that involves another person’s psychological distress, injury, or death, or a desire for sexual behaviors involving unwilling persons or persons unable to give legal consent. To further define the line between an atypical sexual interest and disorder, the Work Group revised the

names of these disorders to differentiate between the behavior itself and the disorder stemming from that behavior (i.e., Sexual Masochism in DSM-IV will be titled Sexual Masochism Disorder in DSM-5). It is a subtle but crucial difference that makes it possible for an individual to engage in consensual atypical sexual behavior without inappropriately being labeled with a mental disorder. With this revision, DSM-5 clearly distinguishes between atypical sexual interests and mental disorders involving these desires or behaviors. The chapter on paraphilic disorders includes eight conditions: exhibitionistic disorder, fetishistic disorder, frotteuristic disorder, pedophilic disorder, sexual masochism disorder, sexual sadism disorder, transvestic disorder, and voyeuristic disorder. The term frotteurism derives from the French verb frotter meaning "to rub". The term frotteur is the French noun literally meaning "rubber" or "one who rubs" and was coined by sexologist Richard von Krafft-Ebing in his book Psychopathia sexualis (1886)

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Laws on Sexual Offences in India

Against Woman-

Rape- Sec 375: Includes sodomy, & Buccal Coitus
Section 354 IPC-Assault or criminal force to woman with intent to outrage her modesty

354A. (1) Sexual harassment- - 1-3 years

Physical contact and advances involving unwelcome and explicit sexual overtures; or
A demand or request for sexual favours; or
Showing pornography against the will of a woman; or
Making sexually coloured remarks

"The essence of a woman's modesty is her sex.“- Supreme Court

Modesty-designed to prevent inadvertent exposure of part of the body. From what ever I have read the original meaning of section 354 is that it will apply if the female manhandled due to which she becomes partially or fully naked or she is groped, or her breast buttock thighs etc are inappropriately touched. If only vulgar or sexually coloured language is used or pornographic picture etc. are shown then Section 509 will apply. In case finger is inserted in vagina or some other object is inserted in vagina then section 377 should apply but section 354 used to apply earlier to amendment of 2013 which has included these as rape

Now 2013 Criminal law amendment has clarified these things by inserting separately different subsections.

Paraphilias- Both unnatural sexual offences and sexual perversions are collectively grouped under paraphilias by some textbooks but this seems wrong as paraphilia is a psychiatric disorder where as the act itself may be done without psychiatric disorder

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Offences Against Women

354B-Disrobing or compelling a woman to be naked- 3-7 years

354C- Preparing film and/ or Circulating- 1- 3-7 years
354D- Stalking- 3-5 years

Follows, contacts repeatedly in spite of disinterest by the woman
Monitors use of internet by the woman

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Section 509 IPC

Word, gesture or act intended to insult the modesty of a woman

Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

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Sexual Offences

Against Man

Sodomy, Buccal coitus

Against Children- Discussed with child abuse
Against Animals- Section 377 IPC

Anal coitus among two adult males in privacy is now exempted from this section in England and also in Delhi by a High Court order which was annulled by the Supreme Court of India

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The Criminal Law (Amendment) Act 2013 (INDIA)

Section 375 IPC – (Now)

A man is said to commit rape if he-

(a) 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
(b) inserts, to any extent, any object or part of the body, not being the penis, into the vagina, the urethra, or anus of a woman or makes her do so with him or any other person; or

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Rape

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
(d) applies his mouth to the vagina ,anus, urethra of a woman or makes her to do so with him or any other person,

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Circumstances

Under the circumstances falling under any of the following seven descriptions

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 herself to be lawfully married.

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Cont.

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
Sixthly- With or without her consent, when she is under eighteen years of age.
Seventhly- When she is unable to communicate consent

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Explanations

For the purpose of this section, “vagina” shall also include Labia majora.
Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact , be regarded as consenting to the sexual activity

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Exceptions

A medical procedure or intervention shall not constitute rape
Sexual intercourse or sexual act by a man with his own wife , the wife not being under fifteen years is not rape

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Punishment for Rape

U/S- 376(1) IPC- Not less than 7 yrs may be for life and also fine.

(2) Not less than 10 yrs and or with fine,or imprisonment till life, may be till death

If raped by a police or armed forces officer/ public servant/ jail staff, any place of detention or women & children institution/ hospital/ relative, guardian, or teacher/ in a position of control or dominance

Custodial rape(Crimina Law Amendment Act 1983):- (a) Being a police officer commits rape

(I) within the limits of the police station to which he is appointed

(ii) in the premises of any station house whether or not situated in the police station to which he is appointed or

(iii) on a woman in his custody or in the custody of a police officer subordinate to him or

(b) being a public servant takes advantage of his official position and commits rape on a woman in his custody as such public servant or in custody of an officer subordinate to him or

© being on the management or staff of a jail, remand home, or other place of study established by or under any law for the time being in force, or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place,or institution or (d) or(e)or (f) or (g)

Explanation 1 Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of of the persons shall be deemed to have committed gang rape

Explanation 2 Women’s or childre’s institution means an institution whether called an orphanage or a home for neglected women or children, or a widow’s home or by any other name , which is established and maintained for the reception andcare of women or children.

Explanation 3 Hospital means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation

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Cont.

If raped during communal or sectarian violence/ or a pregnant woman/ or a girl under 16 years/ unconscious, physical or mental disability
Repeated rape of the same woman
Rape associated with injuries which maims, endangers life, disfigures or is grievous

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376A,B, & C of IPC

376 A. Death of victim due to injuries during rape or causes vegetative state jail for not less than 20 years may be till death or hanging
376B- With wife living separately without consent jail not less than 2 yrs may be 7 yrs also fine
376C- Not less than 5 yrs may be 10 yrs also fine if induces or seduces (sexual intercourse with consent in circumstances mentioned in 376 (2) not amounting to rape

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376 IPC

376D Gang rape- one or more constituting a group all will be sentenced to not less than 20 yrs may be till death plus fine
376E- Second offence u/s 376, 376A, 376D will invite death sentence or jail till death

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Age of Victim, & Accused

Victim-

No age is safe. Most commonly between 10 to15 yrs

Age of male (accused)

Most commonly the age is between 16 to 30 yrs
In England can not be convicted if below 14 yrs
In India till 7 yrs of age of no criminal responsibility

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Causes of Rape

Sexual starvation
Cure from diseases like syphilis or gonorrhoea. Good health & luck
Revenge against girl or her family
State of intoxication especially alcohol
Sexually provocative dress and behaviour of the female
Psychological abnormalities in rapist

Organic-
Functional

Confusional state after epileptic fits
Genetic

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Purpose of Examination

To determine whether sexual act was attempted or completed with reference to :

Genitalia, anus, oral cavity
by penis, finger, some other object

Time of such act
Whether the act was associated with physical injury- Its description, size, shape, location, age of injury/ or diseases
Age of the victim if minor
Use of some drug or intoxicants

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Procedure of Examination

Victim to be provided all services free even if she refuses police case.
Examination without loss of time
Examination by a lady doctor if available
A female of choosing of victim to be present. In absence a lady attendant nominated by head of the institution to be present during examination
Police not allowed during Examination

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Procedure of Examination

Empathy by the Examining Doctor
Time and Date of examination recorded
Written consent of victim or guardian in case of minor or feeble minded in presence of witnesses is required before medical examination
Identification of the Victim

Name, parentage/husband’s name, address, by whom identified, name of accompanying police officer.
Note two marks of identifications

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Examination of Victim U/S 164A of Cr.P.C.

No court has power to compel a victim of rape to submit herself for examination by a doctor male or female
Privacy of Examination
Presence of lady attendant of her choosing = A must
Facility for Urgent Medical Help:- Blood Bank and Operation Theatre
Good Lighting Arrangement

Examination of victim of rape is conducted as per Cr.P.C. section 164A. Cr,P.C. 357C inserted by criminal law amendment 2013 makes it mandatory to provide treatment to victims of sexual assault by both govt. & private doctors. Denial of treatment is punishable under section 166 B of IPC with 1 yr imprisonment +fine

Age to be determined in adolescent boys & girls. Victim should be assessed whether alcohol or other drugs was administered.

8. To the victim of a sexually related crime that the pt. either committed or was charged with, and the victim's doctor. If the victim is minor then the victim's parents may be told.about HIV +ve status

Section-164 A of Cr.P.C.- Medical examination of the victim of rape.

164 A. Medical examination of the victim of rape. – (1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of a such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.

(2) The registered medical practitioner, to whom such woman is sent shall, without delay, examine her and prepare a report of his examination giving the following particulars, namely:-

(I) the name and address of the woman and of the person by whom she was brought;

(II) the age of the woman;

(III) the description of material taken from the person of the woman for DNA profiling;

(IV) marks of injury, if any, on the person of the woman;

(V) general mental condition of the woman; and

(VI) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained.

(5) The exact time of commencement and completion of the examination shall also be noted in the report.

(6) The registered medical practitioner shall, without delay forward the report to the investigation officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section.

(7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.

Explanation. – For the purposes of this section, “examination” and “registered medical practitioner” shall have the same meanings as in section 53’

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Examination of Victim

Watch Gait & Emotional State
Inspect Clothing for tears, mud, blood, stains,hairs, foreign fibres etc
Examination of nails and under it
Examination of Teeth & Mouth
Let the women undress herself
Attention paid to whole body
Finally Genitalia & Anus

Section-164 A of Cr.P.C.- Medical examination of the victim of rape.

164 A. Medical examination of the victim of rape. – (1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of a such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.

(2) The registered medical practitioner, to whom such woman is sent shall, without delay, examine her and prepare a report of his examination giving the following particulars, namely:-

(I) the name and address of the woman and of the person by whom she was brought;

(II) the age of the woman;

(III) the description of material taken from the person of the woman for DNA profiling;

(IV) marks of injury, if any, on the person of the woman;

(V) general mental condition of the woman; and

(VI) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained.

(5) The exact time of commencement and completion of the examination shall also be noted in the report.

(6) The registered medical practitioner shall, without delay forward the report to the investigation officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section.

(7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.

Explanation. – For the purposes of this section, “examination” and “registered medical practitioner” shall have the same meanings as in section 53’

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Examination of Victim(Cont.)

Marks of Violence

Like scratches,& bruises to be searched on the body and in case present, their appearance, extent, situation, and age of injury to be noted. Special attention to be paid to back, arms, wrists, inner aspect of thighs, ankles, breasts
For injuries and presence of tissue under nails due to scratching of the assailant by victim.
Be careful to detect false bruises.

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Examination of Victim(Cont.)

The Genitalia

Examination done in good light
Victim to be kept in lithotomy position
Examination may require use of Xylocaine Jelly in case there is pain in separating thighs or examination painful

Points to be noted

Condition of pubic hairs- In case it is matted or some sticky material present then cut and preserve in plastic envelope

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Ecchymosis of soft palate due to oral coitus

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Examination of Victim(Cont.)

Dried seminal stain should be searched on external genitalia and thighs and in case present then it should be scratched with a blunt knife and preserved in plastic envelope
Blood stain to be noted on genitalia or bleeding from vagina, to be noted whether due to injury or menstruation
Bruises, lacerations or abrasions on external genitalia to be noted. It may be associated with signs of inflammation like swelling and redness

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Injury to Hymen

In nubile virgins one or more lacerations may be present with redness, oedema and some bleeding on touch if act committed within two days. These heal in 6-8 days.Some times there is associated small tear in the fourchette. Rarely some large vessel may be torn requiring ligation and suture.

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Victim

In young girls who have not attainted puberty & old women with atrophied tissue, and in those the act is performed with great violence there may be associated lacerations of vagina, and or fourchette, posterior commissure or even perineum, bladder and rectum
In children hymen may remain intact in cases of rape even when adjoining area is bruised & lacerated

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Not To be Mentioned in Report

If hymen has old tears it is not mentioned in report
In case hymen is intact then its distensibility should NOT be assessed nor mentioned in report
TWO FINGERS TEST NOT DONE Nor mentioned in report

Sexual intercourse possible if hymen admits two fingers or more.

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Examination of Victim(Cont.)

Swab taken from posterior fornix and examined for semen, spermatozoa,& vaginal fluid.
In case semen is present then blood group typing and DNA study to identify the accused
The victim should be re-examined for venereal diseases after 2-8 days gonorrhoea, 6 weeks for syphilis, and 6 months for HIV

Examination of Anus

In all cases of alleged vaginal rape anus should be examined for injuries, lubricants, foreign hairs, blood and seminal stain.
With slightest suspicion of anal intercourse anal swab from external and a second swab from canal should be preserved

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ORAL CAVITY

Examination of Oral Cavity

Like anal intercourse oral intercourse is also not disclosed by female victims of sexual assault.
Attention to mouth should be paid especially in cases where mouth has been washed soon after the incident and smell of tooth paste or mouth wash is present.
Swab should be taken prom inner side of teeth near gums and area posterior to 3^rd Molars

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False Charges

When detected by others during the act to save reputation
To implicate enemies in rape cases
Sometimes when frustrated in love to force marriage
Blood of animals or birds, starch or egg white is used to stain garments
Injuries may be self inflicted or by accomplices

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Precautions taken

Take Informed Consent
Proper identification of victim

Note at least two identification marks

Never examine the victim in the absence of her trusted lady attendant or a neutral lady attendant arranged by head
Never undress the lady ask her to undress herself
Always preserve vaginal swab

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Precautions(Cont)

Determine age in cases of minors
Submit the report after examination without waiting for examination report of vaginal swab or X- ray reports
Never say that the woman was not raped

Even a prostitute can be raped
And technically rape can be committed without any medical evidence of the act

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Complications of Rape

Shock

Due to haemorrhage causing circulatory collapse seen in cases of rape on children & old ladies or when act done with great violence under the effect of alcohol
Physical injury if extensive may cause shock
Emotional hurt leading to convulsions, fits and a state of shock
Combined effect of above

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Complications of Rape

Septic infection of injured part
Death due to gagging

Gagging is done to prevent shouting for help but due to saliva the gag becomes wet and nonporous to air causing asphyxia and death

Murdered after rape

To destroy evidence

Murdered and then sexual intercourse done

Necrophilia Rapist suffering from psychiatric disorder

5% of total cases of rape result in pregnancy. A study of Ethiopian adolescents who reported being raped found that 17% subsequently became pregnant,^[15] and rape crisis centres in Mexico reported the figure the rate of pregnancy from rape at 15–18%.^[16] Estimates of rape-related pregnancy rates may be inaccurate since the crime is under-reported, resulting in some pregnancies from rape not being recorded as such,^[14] or alternately, social pressure may mean some rapes are not reported if no pregnancy results.

biologist Alan Sterling Parkes had speculated in personal correspondence that "there is a high conception rate in rape, where hormonal release, due to fear or anger, could produce reflex ovulation".^[19] Smith also cites veterinary scientist Wolfgang Jöchle, who "proposed that rape may induce ovulation in human females“ because the comparisons were largely uncorrected for such factors as the use of contraception. Adjusting for these factors, they estimated that rapes are about twice as likely to result in pregnancies (7.98%) as "consensual, unprotected penile-vaginal intercourse" (2–4%)

In contrast to the modern scientific consensus that rape-induced pregnancies are no less likely than any other, beliefs that rape could not lead to pregnancy were widespread in both legal and medical opinion for centuries.^[74]^[75] Galen, an ancient Greek physician, believed that a woman must experience pleasure to release "seed" and become pregnant, and could not derive such pleasure from nonconsensual sex.^[76] Galen's thinking influenced understanding from medieval England to Colonial America.

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Outline of Management

The documentation of findings

Varies from Place to Place.

Collection of specimens for forensic purposes- Check local Rules
Care of physical and psychological trauma
Management of potential pregnancy
Treatment of potential STD infection

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Laboratory Investigation

Forensic evidence with Rape kit
Vaginal samples (Repeat after 2 Wks)

Gonorrhoea, Chlamydia, Trichomonas

Serology initially & 6,12 and 24 Weeks

Hepatitis B
RPR for Syphilis
HIV test

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Treatment

Emergency Contraception
HIV Prophylaxis- In high risk
Hepatitis B vaccination
STD Prevention

Ceftriaxone 125 mg IM Stat
Metronidazole 2 gm orally stat
Azithromycin 1gm orally stat or Doxycycline 100 mg orally twice a day for 7 days

However, collection of specimens at initial examination for laboratory STD diagnosis gives the survivor and clinician the option to defer empiric prophylactic antimicrobial treatment. Among sexually active adults, the identification of sexually transmitted infection after an assault is usually more important for the psychological and medical management of the patient than for legal purposes, because the infection could have been acquired before the assault.

Trichomoniasis, BV (Bacterial Vaginitis), gonorrhoea, and chlamydial infection are the most frequently diagnosed infections

Collection of a serum sample for immediate evaluation for HIV, hepatitis B, and syphilis

Ceftriaxone 125 mg IM in a single dose PLUS Metronidazole 2 g orally in a single dose PLUS Azithromycin 1 g orally in a single dose OR Doxycycline 100 mg orally twice a day for 7 days

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Examination of accused

Consent taken though examination can be done by using force if accused does not give consent for examination. U/Sec 53 Cr.P.C.
General body built, age, physical strength, sexual development sexual organ are examined and recorded in detail.
Clothing examined for tears, loss of buttons, presence of mud, blood or seminal stain or other cosmetic stain gathered from the victim.
Presence of foreign particles like mud, blood stain, seminal stain, hairs, pieces of bangles, Vermillion or cosmetic stains should also be looked for on the body of the accused

Consent of the accused should be taken after explaining that the result of examination may go against him

Age of the accused should also be assessed and mentioned in case he claims to be a minor The accused should not be allowed to wash himself.

Smegma takes at least 24 hrs to appear around corona Locard's principle holds that the perpetrator of a crime will bring something into the crime scene and leave with something from it, and that both can be used as forensic evidence. Dr. Edmond Locard (13 December 1877 – 4 May 1966) was a pioneer in forensic science who became known as the Sherlock Holmes of France. Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints or his footprints, but his hair, the fibers from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more, bear mute witness against him. This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent. Only human failure to find it, study and understand it, can diminish its value."

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Examination of Accused

Presence of mark of struggle should be searched on body, especially face, hands, thighs genitalia, & testes, It could be scratches, bruises, bite mark, or injury due to broken glass bangles.
Carefully examine pubic hair for presence of matting and presence of foreign hair.
Look for presence of smegma under prepuce and corona. Penis should be carefully examined to find whether recently washed, any injury, foreign hairs etc
Injury to penis could be scratches, bruises, avulsion from pubic rami, or injury to prepuce or fraenum
Look for stigma of venereal diseases
Mandatory testing for HIV status

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Medico-legal Questions

Was the woman raped?

Rape is a judicial conclusion not a medical finding

Medical findings indicate sexual intercourse and mark of injury both genital and on body.
But it could be a case of rape even without any evidence of penetration present on victim’s genitalia, or mark of injury present on body

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Medico-Legal Questions

Can a healthy adult woman be violated against her will

Not by one man if she is in full senses and not caught unaware
Placed in a position that resistance not possible
The rapist exceptionally strong
Woman ill or of feeble health
Not used to physical exertion due to sedentary life style
Fright or exhaustion after long resistance

Can a woman be violated in natural sleep

Complete sexual penetration in a nubile virgin not possible
But legal rape is possible (vulval penetration)
In a woman used to regular coitus, possible but highly improbable

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Medico-Legal Questions (Cont.)

Can a woman be raped during unconsciousness

Time of reporting

How long after gaining consciousness the matter reported

If the complaint is about administration of narcotics

Examine for sign & symptoms of narcotic effect
Get blood examined for alleged narcotics

During induction of anaesthesia there may be hallucination of being sexually violated

Experience of pain, dampness, & tenderness

Not possible to anaesthetize against will by one person

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Concluding Remarks

One in every five to one in three women experiences rape or attemptedrape during her lifetime
Proportion of rapes reported to the authorities variesfrom 16% in the United States to 3% in South Africa (where even3% amounted to 49 280 rapes in 1998)
Some states of USA do not treat sexualmisconduct by guards on women prisoners as a criminal offence.
In Pakistan police mostly refuses to register a complaint of rape.

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Concluding Remarks

Forensic examination in some countries focuses solely on whetheror not the victim was a virgin
In Jordan officials place womenvictims in prison
A 25-year-old Norwegian victim woman has been awarded a 16-month jail sentence in Dubai
In mostcountries the moral & social standing of the victim is taken into accountin the judicial system.
Such women are looked down upon also in India, considered subhuman and their life is finished

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Recommendation of Human Right Watch

Repealing oflaws that discriminate against women;
Eliminating police & Judicial biasagainst female victims of sexual assault;
Ensuring that medico-legalsystems provide women with appropriate treatment and diagnosis,
Providing protection from further violence;
Ensuring that perpetratorsare brought to justice;

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Doctor’s Duty

Providing physical care and attention and doing sowith sensitivity and understanding
Being influential member of society they shouldprovide advocacy for change of attitude,
Increasing their awareness ofsexual violence, they should improve their skills in managing victims,
Psychologicalconsequences of rape are often neglected. Counselling to be provided as a rule
Sexual assault is still talked about only in hushedwhispers, We need to brush asidethe taboos and talk more openly

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Doctor’s Duty

In the fourth world conferenceon women in 1995 in Beijing a "platformfor action" was agreed by the 189 governments present. Yetthe follow up conference in New York in 2000 concluded that women were actually worseoff.
Every rape victim is not only an individual,but someone's daughter, sister, or mother.It is our responsibility to become involved and take action beforethese cold statistics becomepersonal

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INCEST

This is natural sexual intercourse between persons who are related by blood or marriage so closely that marriage between them is prohibited under law
It is sexual intercourse by a man with a woman who is closely related to him by blood
This is sexual intercourse between persons whose blood relationship is such that their marriage is prohibited by law
These cases usually involve- sexual relationship between father-daughter, brother – sister, uncle-niece,also stepdaughter,stepsister,also mother-son, guardian or foster parents.

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Incest (Cont.)

Persons involved in incestuous relationship are either mutually consenting or the female is submitting out of fear of physical torture or psychological dominance, or need for protection
There is no resistance on part of female therefore no injury on her person
Evidence of regular coitus found in cases reported by neighbours or some family member especially wife.
A few cases also reported by victim
Present in most cultures and is seen among all socioeconomic levels
Incest per se is not an offence in India

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Adultery

Voluntary sexual intercourse between one spouse and a person of the opposite sex, not his or her spouse, during the subsistence of marriage
Voluntary coitus between one spouse and a person of opposite sex during continuation of a valid marriage
497 IPC

Whoever has sexual intercourse with a person whom he knows or has reason to believe to be wife of another man without the consent or connivance of that man , such sexual intercourse not amounting to rape, is guilty of the offence of adultery
It is an offence against the sanctity of the matrimonial home
The adulterous wife not held as abettor
It is a ground for divorce by the husband

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Sodomy

Sodomy is the anal intercourse.
In strict sense it is sexual connection per anum by a man with a man or a woman but called rape if done with a woman without her consent in India
In many U.S. Jurisdictions it bears the wider meaning of the introduction of male organ in to any orifice of the human body other than vagina
Peccatum Sodomiticum ‘Sin of Sodom’ implying that men of Sodom (Sodomites) practiced homosexual rape

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Buggery

Roman Church abusively called Bulgarian Orthodox Church as buggers(heretic)
Buggery comprehends both sodomy and bestiality
Many authorities regard ‘sodomy’ and ‘buggery’ as same
It is called paederasty if the passive agent (Catamite) is a young boy.

heretic - nouna person who holds religious beliefs in conflict with the dogma of the Roman Catholic Church

a person who holds unorthodox opinions in any field (not merely religion)

Coterminous- Having same boundaries or extent in space, time, or meaning

Examine the perineum and other suspect areas with a Wood light (prostatic secretions are flourescent even when dry).

Examine a saline wet mount of rectal secretions for spermatozoa; record their number and motility.

Prepare four dried slides of rectal contents (wash the rectum with saline if it is dry), and fix them with ether-alcohol.

Collect rectal aspirate or washings into a screw-topped specimen tube for acid phosphatase determination (a positive reaction indicates the presence of prostatic fluid ejaculate).

Place a cotton swab of rectal contents into a specimen tube (for typing of the blood group antigen in semen).

Obtain material from the rectum for culture for gonococci.

Obtain urine for urinalysis (look for hematuria indicating genitourinary trauma).

Photograph all external lesions, but only with the patient's written consent.

If oral penetration has occurred, [appropriate] steps should be repeated with specimens from those sites.

Perform a physical examination; thoroughly examine the patient for signs of trauma, discharge, or bleeding; record the results of the examination; and photograph all lesions (this only with the patient's written consent).

Perform a pelvic examination; look carefully for signs of trauma to the external genitalia. Examine the mouth and rectum for injuries. Proctoscopy may be advisable where penetration has occurred and if foreign objects were used, since peritoneal perforation may occur from rectal trauma.

If indicated, using a warm, water-moistened anoscope, carefully examine the anus and rectal terminus for lacerations.

Obtain blood for blood chemistry studies (if indicated), a serologic test for syphilis, blood typing (to compare the alleged assailant's type with that of the victim), and pregnancy testing. [Sic!]

Catamite – a passive agent who iis a young boy or youth: a boy kept for homosexual purposes

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Examination of Passive Agent Procedure

Consent for examination
History of the case
Examination of clothing worn at the time
Determination of age if minor
General examination for injuries
Examination of anus(in lateral position,or knee elbow position)
Examination of rectum and rectal content

Examine the perineum and other suspect areas with a Wood light (prostatic secretions are flourescent even when dry).

Examine a saline wet mount of rectal secretions for spermatozoa; record their number and motility.

Prepare four dried slides of rectal contents (wash the rectum with saline if it is dry), and fix them with ether-alcohol.

Collect rectal aspirate or washings into a screw-topped specimen tube for acid phosphatase determination (a positive reaction indicates the presence of prostatic fluid ejaculate).

Place a cotton swab of rectal contents into a specimen tube (for typing of the blood group antigen in semen).

Obtain material from the rectum for culture for gonococci.

Obtain urine for urinalysis (look for hematuria indicating genitourinary trauma).

Photograph all external lesions, but only with the patient's written consent.

If oral penetration has occurred, [appropriate] steps should be repeated with specimens from those sites.

Perform a physical examination; thoroughly examine the patient for signs of trauma, discharge, or bleeding; record the results of the examination; and photograph all lesions (this only with the patient's written consent).

Perform a pelvic examination; look carefully for signs of trauma to the external genitalia. Examine the mouth and rectum for injuries. Proctoscopy may be advisable where penetration has occurred and if foreign objects were used, since peritoneal perforation may occur from rectal trauma.

If indicated, using a warm, water-moistened anoscope, carefully examine the anus and rectal terminus for lacerations.

Obtain blood for blood chemistry studies (if indicated), a serologic test for syphilis, blood typing (to compare the alleged assailant's type with that of the victim), and pregnancy testing. [Sic!]

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Findings of Examination

Blood on clothes around buttocks
Blood, seminal stain and lubricant around anus
Abrasions around knees, elbows and anus
Small laceration of mucosa of anus extending into anal canal

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Findings in Habitual Passive Agents (Catamite)

Anal hair shaved, pubic hair may be present
Dress and manner may be feminine
May be using make up or ornaments
Funnel shaped depression of buttocks towards anus
Dilated and loose anal sphincter
Thickening of mucosa around anus
Presence of stigmas of venereal diseases like condyloma or active discharge or chancre

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Examination of Active Agent (Sodomite)

Consent for examination taken explaining that report may go against him.
Examination can be done without consent using force if needed
Seminal or blood stain on loin clothes
Presence of lubricant on penis
Presence of faecal smell on penis
Injuries to fraenum,or prepuce
Injury on other parts of body if resistance was offered by the victim

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Buccal Coitus (Coitus per os)

Also called “Sin of Gomorrah”(a town in ancient Palestine which was destroyed by fire from heaven, along with sodom for the wickedness of its inhabitants)
Fellatio(to suck)- Oral stimulation of a man’s penis
Cunnilingus(cunnus ‘vulva’+ lingere ‘lick’) Stimulation of female genitalia using tongue or lip

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Bestiality

It is sexual intercourse with domestic animals and birds and is punishable U/S 377 of IPC
Though reported also in women, it is more commonly done by adolescent boys and men in villages who are keeping animals
Usually performed per vagina but also per anus. Cases reported per nose also
Animals chosen are those commonly available like she-goat, ducks, hens, buffalo, she-ass, cow, bitch, cat

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Bestiality(Cont.)

Cases reported when caught during the act by the owner of the animal or by police
On medical examination animal hair may be found in clothes and the person, there may be injury due to kicks and bites, animal dung and its smell is present in clothes and penis
Examination of animal should be done to find human spermatozoa in vagina, anus or cloaca of the bird. There may be injury including laceration of the organ. Human pubic hair may also be found on the animal near the organ

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Punishment for Sodomy

Was made a felony in 1533 with penalty of life imprisonment
In U.K. it is now not an offence(Sexual Offences Act 1967) between two Consenting adults(above 21), if done in privacy
Continues to incur severe penalties in most of countries from 10 years to life imprisonment despite the fact that submission of the other party may be voluntary
At many places death penalty is awarded

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Punishment For All Types of Unnatural Offences In India

Sec.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
Essence of crime is penetration. Emission is not a requisite

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Lesbianism Or Tribadism

Homosexuality in women
Such women are called lesbian or lesbo
The word derived from Lesbos home of Sappho ( 7^thCentury _BC)who expressed affection for women in her poetry
Tribadism is derived from tribade meaning ‘To rub’
Tribade- A lesbian who plays the active partner’s role in lesbian relationship
Femme- Lesbian in traditional female role

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Lesbianism (Cont.)

Activity involves passionate kissing, general bodily contacts, mutual masturbation, and genital contacts.
Intravaginal stimulation is exceptional,
Orgasm induced is usually clitoral
One partner may be consistently active or passive or role may be reversed
There is feeling of guilt & degradation
There may be intense jealousy if one marries

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Lesbianism(Cont.)

There may be refractory heterosexual frigidity
The practice prevalent among widows unmarried girls and spinsters especially in prisons,and corrective institutions
Inherent in some, acquired in others under the influence of a ringleader

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Medico-legal Aspect

Whether sec 377 IPC will apply is not clear as no case decided in court
Generally the practice is limited to, kissing, fondling, and rubbing of genitalia.
Use of artificial penis is rare
There may be enlargement of clitoris and labia minora due to long continued practice and labia minora (nymphae) may look cutaneous
The habit is difficult to break once it is established and heterosexual relationship of marriage may or may not succeed

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PARAPHILIAS

Most people with atypical sexual interests do not have a mental disorder.
Paraphilic disorder, DSM-5

More severe form of atypical sexual interest
There is personal distress
Involves another person’s psychological distress, injury, or death,
Involving unwilling persons or persons unable to give legal consent.

Sexual Masochism gives rise to Sexual Masochism Disorder in DSM-5.
It is a subtle but crucial difference that makes it possible for an individual to engage in consensual atypical sexual behaviour without inappropriately being labelled with a mental disorder

Most people with atypical sexual interests do not have a mental disorder. To be diagnosed with a paraphilic disorder, DSM-5 requires that people with these interests: feel personal distress about their interest, not merely distress resulting from society’s disapproval;or have a sexual desire or behavior that involves another person’s psychological distress, injury, or death, or a desire for sexual behaviors involving unwilling persons or persons unable to give legal consent. To further define the line between an atypical sexual interest and disorder, the Work Group revised the

names of these disorders to differentiate between the behavior itself and the disorder stemming from that behavior (i.e., Sexual Masochism in DSM-IV will be titled Sexual Masochism Disorder in DSM-5). It is a subtle but crucial difference that makes it possible for an individual to engage in consensual atypical sexual behavior without inappropriately being labeled with a mental disorder

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Sexual Perversions (Paraphilias)

With society becoming permissive milder forms called deviation
It is also called uranism
All conditions which are not normal sexual behaviour but were not included among sexual offences(earlier) are included in this group
A type of mental disorder characterized by a preference for or obsession with unusual sexual practices

Paraphilia:-a type of mental disorder characterized by a preference for or obsession with unusual sexual practices, as pedophilia, sadomasochism, or exhibitionism. Also called sexual deviation.

Most people with atypical sexual interests do not have a mental disorder. To be diagnosed with a paraphilic disorder, DSM-5 requires that people with these interests: feel personal distress about their interest, not merely distress resulting from society’s disapproval;or have a sexual desire or behavior that involves another person’s psychological distress, injury, or death, or a desire for sexual behaviors involving unwilling persons or persons unable to give legal consent. To further define the line between an atypical sexual interest and disorder, the Work Group revised the

names of these disorders to differentiate between the behavior itself and the disorder stemming from that behavior (i.e., Sexual Masochism in DSM-IV will be titled Sexual Masochism Disorder in DSM-5). It is a subtle but crucial difference that makes it possible for an individual to engage in consensual atypical sexual behavior without inappropriately being labeled with a mental disorder. With this revision, DSM-5 clearly distinguishes between atypical sexual interests and mental disorders involving these desires or behaviors. The chapter on paraphilic disorders includes eight conditions: exhibitionistic disorder, fetishistic disorder, frotteuristic disorder, pedophilic disorder, sexual masochism disorder, sexual sadism disorder, transvestic disorder, and voyeuristic disorder. The term frotteurism derives from the French verb frotter meaning "to rub". The term frotteur is the French noun literally meaning "rubber" or "one who rubs" and was coined by sexologist Richard von Krafft-Ebing in his book Psychopathia

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Sadism / Sexual Sadism Disorder.

The tendency to derive sexual gratification from inflicting pain, suffering,and/or humiliation, on others
Inflicting of pain or cruelty is required for sexual arousal
The word comes from a French writer and soldier Marquis de Sade (1740- 1814)

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Masochism/ Sexual Masochism Disorder

It is opposite of sadism, the person getting sexual arousal and gratification from one’s own pain or humiliation.
The term was coined from the name of an Austrian novelist Leopold Von Sacher-Masoch (1835-95) who described it
More common in men`

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Algolagnia

Desire for sexual gratification through inflicting pain on oneself or others.
Sadomasochism
Origin of term in German in early 20^th century from Greek algos(Pain)+ Lagneia(lust)

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Homosexuality

All individuals, male & females have potential for homosexual behaviour in adolescent period of life
This disappears with age & maturity
But in some adults homosexuality is Present
Law, opinion, & discussion usually centers round male homosexuality
Female homosexuality ignored by society
It was regarded as acquired mental illness but may also have a genetic basis
Hormones level normal, females ovulate & menstruate normally

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Homosexuality (Cont.)

Some combine homosexual & heterosexual activity- Bisexual.
Female homosexuality is common 25% but lesbianism is prevalent only in 3%
Females have personality problem some may display aggressive behaviour
Homosexual marriage allowed in many countries

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Fetishism

A form of sexual desire in which gratification is linked to an abnormal degree to a particular object, item of clothing, part of the body.
Close contact with fetish as a substitute for sex or may be associated with masturbation
Mostly seen in males

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Transvestism And Trans-sexuality

Transvestism (Eonism)is a condition in which a person prefers to dress in the clothes of the opposite sex.
Trans sexuality is a compelling urge to change one’s sex and cross dressing is merely a part of this urge
Usually begins in childhood and by adolescence is well established.
Other behavioural abnormalities are also present
They have a strong conviction that their sexual identity is not represented by their sexual organs for which they have strong revulsion and want these to be removed
They do not necessarily engage in homosexual practices. They may be weakly sexed
More common in males

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Transvestism And Trans-sexuality

Sex chromosomes, hormone level, and sex organs are anatomically and physiologically always normal
The problem is only of belief which may be due to frank psychosis but often no gross mental abnormality detected
Operations called ‘change in sex’ not justified nor successful
Psychiatric treatment also unless started in childhood usually fails

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Perversions

Voyeurism ( Peeping Tom)

A person who gains sexual pleasure from watching others when they are naked or engaged in sexual activity
May be associated with masturbation
More common in males

Scopophilia or scoptophilia

Deriving sexual pleasure by watching females taking bath, dressing, undressing etc.

Paedophilia

Preferential desire for Homo or hetrosexual relation with children
These people may feel incompetent to meet the sexual demand of adults

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Perversions

Necrophilia

Desire for sexual intercourse with dead body
Mostly male suffer who are psychosexually incompetent. There is no risk of rejection or resistance from a dead body

Necrophagia

An extreme form of sadism in which the body is mutilated and the persons eats body parts especially female genitalia to derive sexual pleasure
Seen in males

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Perversions

Troilism

Sexual activity involving three participants
Inducing wife to have sexual intercourse with others and watching the act causes sexual arousal

Undinism

Gets gratification by watching females micturition (urinate).

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PERVERSIONS

Lust murder

It is extreme of sadistic practice in which the sexual partner is killed to derive sexual gratification.
Seen in male who are suffering from serious psychiatric disorder in many cases due to childhood experiences

Satyriasis

This is excessive sexual desire, arousal & drive in case of a male. Liable to commit sex offence

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Perversions(Cont.)

Nymphomania

The woman has an incessant and overpowering desire for coitus.
Many are frigid or incapable of orgasm

Frotteurism (Frottage)

The act of rubbing against the body of another person, as in a crowd, to attain sexual gratification

Exhibitionism

Derives pleasure by exposing genitalia in public or to females sometimes demonstrating masturbation

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04/08/2022