Chapter 4 Medico Legal Investigation Of Death To Sex Crimes Flashcards
It is the conduct of processes, more particularly, the recognition, handling, preservation and
documentation of physical evidence to include the identification and interview of witnesses and the arrest of
suspect/s at the crime scene, the manner the criminal act was executed, and such other things that may be useful
in the prosecution of the case
CRIME SCENE INVESTIGATION
The area is blocked out in the form of a rectangle. The searcher proceeds slowly at the same
pace along the path parallel to one side of the rectangle.
Strip Method
This search is a modification of the strip search method. The searchers will
traverse first parallel to the base and then parallel to the side.
Double Strip or Grid Method
The searchers follow each other in the path in the spiral manner beginning from the center
towards the outside or vice versa.
Spiral Method
The searchers gather at the center and proceed outwards along radii or spoke
Wheel/ Ray Method
Whole area is divided into subdivisions or quadrants and search is made in the individual
quadrants.
Zone Method
is a comprehensive study of a dead body, performed by a trained physician employing
recognized dissection procedure and techniques. It includes removal of tissues for further examination.
Autopsy
refers to an external examination of a
dead body without incision being made,
although blood and other body fluids may
be collected for examination.
Post-mortem Examination
It indicates that in addition to an external
examination the body is open and internal
examination is conducted.
Autopsy
Kinds of Autopsy
a. Hospital or Non-official Autopsy
b. Medico-legal or Official Autopsy
When shall an Autopsy be Performed on a Dead Body
a. Whenever required by special laws;
b. Upon order of a competent court, a mayor and a provincial or city fiscal;
c. Upon written request of police authorities;
d. Whenever the Solicitor General, Provincial or city fiscal as authorized by existing laws, shall deem it necessary
to disinter and take possession of the remains for examination to determine the cause of death; and
e. Whenever the nearest kin shall request in writing the authorities concerned in order to ascertain the cause of
death.
Persons who are Authorized to Perform Autopsies and Dissections
a. Health Officers;
b. Medical officers of law enforcement agencies; and
c. Members of the medical staff of accredited hospitals.
An autopsy wherein no cause of death is found on account of imprudence, negligence, lack of skill or
lack of foresight of the examiner
“Negligent Autopsy”
A qualitative and quantitative determination of toxic materials
or its metabolites must be shown. Sometimes difficulty is encountered by the forensic chemist because of the
lapse of time and rapid elimination of the drug.
Lack of toxicological or other laboratory aids
Condition of the organs, presence of air in pneumothorax or
bubbles of air in the circulatory system may remain unnoticed by the pathologist.
Inadequate or improper internal examinations
The examiner must have had vast experience in autopsy investigation and must
have the capacity to distinguish pathological changes in the body tissues. (Handbook of Forensic Pathology by
Abdullah Fatteh, pp. 254255).
Pathologist incompetence
This applies to cases when trauma or disease kill quickly that there is no opportunity for sequelae or
complications to develop. An extensive brain laceration as a result of a vehicular accident is an example of
immediate cause of death.
Immediate (Primary) Cause of Death
The injury or disease was survived for a sufficiently prolonged interval which permitted the development
of serious sequelae which actually caused the death. If a stab wound in the abdomen later caused generalized
peritonitis, then peritonitis is the proximate cause of death.
The Proximate (Secondary) Cause of Death
This is death caused by a natural disease condition in the body. The disease may develop spontaneously,
or it might have been a consequence of physical injury inflicted prior to its development. If a natural disease
developed without the intervention of the felonious acts of another person, no one can be held responsible for the
death.
Natural Death
those due to injuries inflicted in the body by some forms of outside force. The physical
injury must be the proximate cause of death. The death of the victim is presumed to be natural consequence of
the physical injuries inflicted, when the following facts are established:
Violent Death
Death due to misadventure or accident. An accident is something that happens outside the sway of our
will, and although it comes about through some act of will, lies beyond bounds of human foreseeable
consequences.
Accidental Death
Death due to reckless imprudence, negligence, lack of skill or lack of foresight.
Negligent Death
Suicide is the act of intentionally causing one’s own death.
Suicidal Death
any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such
person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of
reclusion temporal. However, if the suicide is not consummated the penalty of arresto mayor in its medium and
maximum periods shall be imposed.
Giving assistance to suicide (Under Art. 253 of Revised Penal Code)
Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his
ascendants or descendants, or his spouse, shall be guilty of parricide.
Parricidal Death
killing of a child less than 3 days old.
Infanticide
Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of
murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the
following attendant circumstances:
Murder (Art. 248, Revised Penal Code)
Any person who, not falling within the provisions of article 246 shall kill another without the attendance
of any of the circumstances enumerated in the provision of Art. 248 or Revised Penal Code (Murder), shall be
deemed guilty of homicide and be punished by reclusion temporal.
Homicidal Death
Elements of Homicide
(a) That a person was killed
(b) That the accused killed him without any justifying circumstances.
(c) There is the intention on the part of the offender to kill the victim and such presumption can be inferred from
the death of the victim
(d) That the killing does not fall under the definition of the crime of murder, parricide or infanticide.
When while several persons, not composing groups organized for the common purpose of
assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and
tumultuous manner, and in the course of affray someone is killed, and it cannot be ascertained who actually
killed the deceased, but the person or persons who inflicted serious physical injuries can be identified,
such person or persons shall be punished by prision mayo
Death Caused in a Tumultuous Affray (Art. 251, Revised Penal Code)
Any legally married person who, having surprised his spouse in the act of committing sexual
intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter,
or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
These rules shall be applicable, under the same circumstances, to parents with respect to their
daughters under eighteen years of age, and their seducers, while the daughters are living with their parents.
Death or Physical Injuries Inflicted under Exceptional Circumstances (Art. 247, Revised Penal
Code)
Modern methods in the execution of death sentences have abandoned inhuman, cruel and barbarous
means
Judicial Death
Methods of Judicial Death
- Death by Electrocution
- Death by Hanging
- Death by Musketry
- Death by Gas Chamber
A person is made to sit on a chair made of electrical conducting materials with straps of electrodes on both
wrists, ankles, and head. An alternating current voltage of more than 1,500 volts is put on until the convict dies.
Death by Electrocution
The convict is made to stand in an elevated collapsible flatform with a black hood on the head, a noose
made of rope around the neck and the other end of which is fixed in an elevated structure above the head. Without
the knowledge of the convict, the flatform suddenly collapses which causes the sudden suspension of the body
and tightening of the noose around the neck. Death may be due to asphyxia or injury of the cervical portion of the
spinal cord.
Death by Hanging
The convict is made to stand in an elevated collapsible flatform with a black hood on the head, a noose
made of rope around the neck and the other end of which is fixed in an elevated structure above the head. Without
the knowledge of the convict, the flatform suddenly collapses which causes the sudden suspension of the body
and tightening of the noose around the neck. Death may be due to asphyxia or injury of the cervical portion of the
spinal cord.
Death by Musketry
The convict is enclosed in a compartment and an obnoxious or asphyxiating gas is introduced. The most
common gas used is carbon monoxide. The convict will not be removed from the gas chamber unless he is
pronounced dead by the penitentiary physician
Death by Gas Chamber
is the deliberate and painless acceleration of death of a person usually
suffering from an incurable and distressing disease.
Euthanasia
Other term for Euthanasia
“mercy killing”
Types of Euthanasia
Active Euthanasia —
Passive Euthanasia
Intentional or deliberate application of the means to shorten the life of a person. It may
be done with or without the consent or knowledge of the person. Active euthanasia on demand is the putting to
death of a person in compliance with the wishes of the person (patient) to shorten his sufferings.
Active Euthanasia
There is absence of the application of the means to accelerate death but the natural
course of the disease is allowed to have its way to extinguish the life of a person. Consequently, the concept of
orthothanasia and dysthanasia was adopted
Passive Euthanasia
When an incurably ill person is allowed to die a natural death without the application of any
operation or treatment procedure.
Orthothanasia
When there is an attempt to extend the life span of a person by the use of extraordinary
treatments without which the patient would have died earlier.
Dysthanasia
is the deprivation of a regular and constant supply of food and water
Death from Starvation
Types of Starvation:
Acute starvation
Chronic starvation
happens when the necessary food has been suddenly and completely withheld from a person.
Acute starvation
happens when there is a gradual or deficient supply of food.
Chronic starvation
the impairment of the body structure or function caused by the outside force. It is the effect
of some form of stimulus to the body
injury
is a break or the dissolution in the continuity of the skin or tissues of the living body.
Wound
Classification of wounds
1.As to severity:
2.As to the Kind of Instrument Used
3. As regards to the Depth of the Wound
4.As regards to the Relation of the Site of the Application of Force and the Location of Injury
5.
Wound which when inflicted is capable of causing death immediately after infliction or shortly thereafter.
Mortal/Fatal Wound
Wound when inflicted will not endangers one’s life.
Non-Mortal/Non-Fatal Wound
an injury in the substance of the skin, discoloration of the surface due to extravasation of
blood.
Contusion Wound
This is due to the application of a blunt instrument.
Contusion Wound
this is the extravasation of blood in the newly formed cavity. This is due to the application
of a blunt instrument.
Hematoma Wound
tearing of the skin due to forcible contact of blunt instrument.
Lacerated wound
wound produced on the body by sharp edge instrument.
Incised wound
wound produced on the body by sharp-pointed instrument (e.g. ice pick, screwdriver,
nails, and barbecue stick
Punctured wound
is usually accidental but in rare instances it may be homicidal or suicidal.
Punctured wound -
wound brought about by change of atmospheric pressure
Barotrauma
wound brought about by chemical explosion
Gunshot or shrapnel wound
layers of skin torn off completely or only flap of skin remains
Avulsion
wound characterized by the removal of the superficial layer of the skin brought by friction against a
hard, rough object.
Abrasion
wound which involves the outer layer of the skin (e.g. scratch or abrasion)
Superficial Wound –
wound involves the inner structure beyond the layers of the skin.
Deep Wound –
When the wounding agent produces communication between the
inner and outer portion of the hollow organs
Perforating Wound
one in which the wounding agent enters the body but did not come
out or the mere piercing of a solid organ or tissue of the body.
Penetrating Wound
It may also mean piercing or traversing
completely a particular part of the body causing communication between the points of
entry and exit of the instrument or substance producing it.
Perforating Wound
Physical injury which is located at the site of the application of force.
Coup Injury
Physical injury found opposite the site of the application force.
Contre-Coup Injury
Physical injury located at the site and also opposite the site of
application of force.
Coup Contre-Coup Injury
Physical injury located not at the site nor opposite the site of the
application of force but in some areas offering the least resistance to the force applied
“Locus Minoris Resistencia”
Physical injury involving a greater area of the body beyond the site of the
application of force. It has not only the wide area of injury but also the varied types of injury.
Extensive Injury —
Special Types of Wounds
- Defense Wound
- Patterned Wound –
- Self-inflicted Wound –
Wound which is the result of a person’s instinctive reaction of self-protection.
Injuries suffered by a person to avoid or repel potential injury contemplated by the aggressor.
Defense Wound
wound produced by the shape of the instrument or object reflected in the body.
Patterned Wound
self-inflicted wound is a wound produced on oneself. As distinguished from
suicide, the person has no intention to end his life
Self-inflicted Wound
a condition of a female who has not experienced sexual intercourse and whose genital organs
have not been altered by carnal connection
Virginity
The state of not knowing the nature of sexual life and not having experienced sexual relation. Moral
virginity applies to children below the age of puberty and whose sex organs and secondary sex characters are not
yet developed
Moral Virginity
condition whereby a woman is conscious of the nature of the sexual life but has not experienced sexual
intercourse. The term applies to women who have reached sexual maturity but have not experienced sexual
intercourse
Physical Virginity
condition wherein the hymen is intact with the edges distinct and regular and the opening small
to barely admit the tip of the smallest finger of the examiner e. n if the thighs are separated
True Physical Virginity
A condition wherein the hymen is unruptured, but the orifice is wide and elastic to admit two or
more fingers of the examiner with a lesser degree of resistance. The hymen may be laxed and distensible
and may have previous sexual relation. In this particular instance the physician may not be able to make
a convincing conclusion that the subject is virgin.
False Physical Virginity
This term refers to a condition of a woman who permits any form of sexual liberties as long as they abstain
from rupturing the hymen by sexual act.
Demi-Virginity
This is not actually virginity because the woman had one or more sexual intercourse with another man
but had not borne a child yet.
“Virgo Intacta
the laceration or rupture of the hymen as a result of sexual intercourse.
Defloration
Sexual desire towards the opposite sex. This is a normal sexual behavior, socially and medically
acceptable
Heterosexual
Sexual desire towards the same sex.
Homosexual
Sexual desire towards an immature person.
Infantosexual
A form of sexual perversion wherein a person has the compulsive desire to have sexual intercourse
with a child of either sex. Children of various ages participate in sexual activities, like fellatio, cunnilingus,
fondling with sex organs, or anal sexual intercourse. Usually committed by a homosexual, between a man and
a boy the latter being a passive partner.
Pedophilia
Sexual desire towards animals.
Bestosexual
a form of “self-abuse” or “solitary vice” carried without the cooperation of another person.
Autosexual
Relation of Masturbation to Health and Sex Crime:
a. It serves as a sedative for a variety of neurotic disposition. Many persons who suppress the urge to
masturbate and give up the habit often develop an anxiety neurosis.
b. It serves as an adequate form of sexual gratification.
c. It prevents the development of homosexuality.
d. It prevents the development of suicidal tendency on account of the absence of sexual gratification.
e. It protects certain persons from committing sex crimes.
The person deliberately resorts to some mechanical means of producing sexual excitement with or
without orgasm
Conscious Type
Ways of Masturbation in male
(a) By manual manipulation to the point of emission.
(b) Ejaculation produced by rubbing his sex organ against some part of the female body without the use
of the hand (frottage
Ways of Masturbation in female
(a) Manual manipulation of the clitoris.
(b) Introduction of the penis-substitute.
Sexual desire with elder person
Gerontophilia
sexual perversion characterized by erotic desire or actual sexual intercourse with a corpse.
Necrophilia
Sexual relations between persons who, by reason of blood relationship cannot legally marry.
Incest
Excessive sexual desire of men to intercourse.
Satyriasis
Strong sexual feeling of women. They are commonly called “hot” or “fighter”. Both
satyriasis and nymphomania are general expression of compulsive neurosis.
Nymphomania
—Absence of sexual desire or arousal during sexual act in women.
Sexual anesthesia
Painful sexual act in women
Dyspareunia
Painful spasm of the vagina during sexual act
Vaginisimus
Weakening of sexual feeling in the elderly.
Old age —
form of sexual perversion wherein a person derives excitement by licking
the anus of another person of either sex.
Anilism
use of the mouth as a way of sexual gratification
Oralism
Pain or cruel act as a factor for gratification.
Sado-masochism
A sexual deviation associated specifically with the act of whipping or being whipped.
Flagellation
The pain and humiliation from the opposite sex is the primary factor
for sexual gratification.
Masochism
A form of sexual perversion wherein the real or fantasied presence of an object or bodily part is necessary
for sexual stimulation and/or gratification.
Fetishism
Sexual desire with mannikins.
Mannikinism
sexual deviation whereby a person has sexual desire for statues.
Pygmalionism
person has extreme admiration and love of one’s self. Sexual gratification is attained by
looking at the mirror and appreciating his or her own self
Narcissism
Where particular portions of the anatomy, such as the breasts, or buttocks are the target of
interest for sexual stimulation.
Anatomic
The deviate may have interest centered on shoes, handkerchief, undergarments, either on a
sexual partner or stolen from a neighborhood washline
Clothing
The deviate has the desire to be near a dead body and may or may not violate the dead
person for sexual gratification
Necrophilic
Fetish whose stimulus is pleasant odor or foul odor for sexual stimulation or
gratification.
Odor (Ospresiophilia)
The marked dislike for things, like eyeglasses, beard, haircut, as the sole stimulus for
gratification
Negative fetish
deviate does damage while he gets satisfaction, like cutting clothes or hair
Saboteur fetish —
Deviate derives sexual pleasure from setting fire
Incendiarism
Deviate attains sexual stimulation or gratification at the sight of blood.
Vampirism
Sexual act through the anus of another human being
Sodomy
Sexual gratification attained by fingering, fondling with the breast, licking parts of the body, e
Uranism
A form of sexual gratification characterized by the compulsive desire of a person to rub his sex
organ against some parts of the body of another. They generally achieve their erotic gratification by
rubbing or pressing their organs against the buttocks of women in crowded subways, buses, theaters, or
streetcars. The frotteur often pretends that the rubbing is accidental.
Frottage
A form of sexual deviation wherein a person has special affinity to certain parts of the female
body. Sexual libido may develop in the breast, buttock, foot, legs, etc. of women. Usually, sexual
intercourse is merely secondary to satisfy the sexual desire
Partialism
form of sexual perversion characterized by a compulsion to peep to see persons undress or
perform other personal activities. The offender is sometimes called “Peeping Tom”. Usually after peeping,
he masturbate in excess.
Voyeurism
perversion wherein sexual pleasure is attained by watching couple undress or during their sex
intimacies
Mixoscopia (Scoptophilia)
form of sexual perversion in which three persons are participating in the sexual orgies. The
combination may consist of two men and a woman or two women and a man. The usual activity may be
fellatio, kissing the buttock, sucking the breast, a “suixante-neuf” (sixty-nine) arrangement, or coitus
combined with other sexual practices. Sexual gratification is attained in the “eternal triangle”.
Troilism (Menage a trois)
A form of sexual deviation in which a group of person participate in the sexual orgies. Two or
more couples may perform sexual act in a room and they may even agree to exchange partners for “variety
sake” during the “sexual festival”.
Pluralism
A form of sexual deviation characterized by the need to use obscene language to obtain sexual
gratification. Sometimes they go beyond uttering profane words by making some writings and sketches
on the walls of toilets.
Coprolalia
The term applied by psychiatrists to describe a form of sexual deviation characterized by
promiscuity and making seduction of many women as a part of his. career. The pervert cannot find anyone
to be a permanent companion.
Don Juanism
This is the willful exposure in public places of one’s genital organ in the presence of other persons,
usually of the opposite sex. Usually, the exhibitionist is naked.
Indecent exposure (Exhibitionism)
form of deviation wherein a male individual derives pleasure from wearing the female apparel.
This condition is found sometimes in females who desire to dress themselves in male attire. The
transvestite has a psychic identification with the opposite sex. A female transvestite may imagine that she
possesses a penis. It is quite difficult to detect a female transvestite, since it is quite common for women
to wear slacks or dress in masculine tailored ways.
Transvestism
There is a dominant desire in some persons to identify themselves with the opposite sex as
completely as possible and to discard forever their anatomical sex. So strong is the compulsion to have
the opposite sex that they hate their genitalia as a persistent evidence that they are not what they want to
be, and sometimes attempt to castrate themselves or mutilate their external genitalia. They may go to the
extreme of taking for a long period of time sex hormones to develop secondary sex characteristics of the
opposite sex. They may go to the extent of subjecting themselves to surgery to change their anatomical
sex.
Transexualism
A genetic defect wherein an individual show intermingling, in varying degrees, of the
characteristics of both sexes including physical form, reproductive organs, and sexual behavior.
Intersexuality
The sex organs (testes or ovaries) have never developed
Gonadal agenesis
The external sexual structures are present but at puberty the testes or the ovaries
fail to develop
Gonadal dysgenesis
A male type of dysgenesis in which although the anatomical structure
is entirely male, the nuclear sexing is female (Chromatin positive), characterized by the presence
of small testes with fibrosis and hyalinization of the seminiferous tubules. It is associated with
XXY chromosomes.
Klenefetter’s syndrome
Structurally and phenotypically female but the ovaries are small. There is
sterility with the absence of the second X chromosomes
Turner’s syndrome
A state of bisexuality, having both ovaries and testicles. The nuclear sex is
usually female. The character may be neutral, or whichever is dominant.
True hermaphroditism
Sex organ is anatomically of one sex, but the sex character is that of the
opposite sex.
Pseudohermaphrodite
Gonads are testicles, but the character is effeminate.
(1) Male pseudohermaphrodite —
Gonads are ovaries but with masculine character.
Female pseudohermaphrodite —
if after all efforts, including gross and microscopic studies and
toxicological analyses, fail to reveal a cause of death. It is an autopsy which after a meticulous examination with
the aid of other examinations does not yield any definite cause of death.
“Negative Autopsy
