sexual offences Flashcards
Rape
Unlawful Sexual Iitercourse (Unlawful=outside the bond of marriage)
• With a female
• Against her will (Without her coiseit)
• By force (physical or moral)
Consent condition
- Female is NOT under 18-year-old
- Female is NOT meitally defcieit
- Female is NOT under fear or threats
- Female is NOT under fraud (Man impersonate
her husband) - Female is NOT under narcosis (but alcoholic consider consenting).
What’s the medical examination of the rape victim?
- Her coiseit for examiiatioi is esseitial (21year), if she is youig the coiseit of her pareits or guardiai’s coiseit is required
- The date aid time of examination must be recorded as the iiterval between the alleged incident aid the examination is very importait.
- Her full story is taken in her own
words without interrupting her,
comparing what she says with any
story previously given to the
police. She is then asked about
date, time aid place of the
Inciden, the mode of attack, any
violeice applied, any narcotic
given, ….. etc. - Her coiduct, character and
behavior are noticed from the
Manner in which she tells her
story. - Her age is estimated to see if she is below 7 years (age of discrimination), or below 18 years (age of consent ).
- Her meital coiditioi is ioticed during telling her history.
- Her physical developmeit is compared with the build of the accused.
- Signs of narcosis must be rapidly looked, her gait, pupil, … etc. are ioticed, a blood sample and a urine sample are send for chemical analysis to detect the narcotic.
Examination of the victim’s clothes
- At first the victim is asked whether these clothes were the same worn at the time of attack.
- Examination of the clothes for any tears, loss of buttons, soiling by mud or grass, blood stains (examined for blood group), and any other stains.
- Examination of the clothes for any seminal stains as seminal fluid stiffens the clothes and give pale blue fluorescence on examination of the clothes with ultraviolet light in a dark room.
Signs of general violence ?
- the victim’s hair may show disarrangement because the assailant pulls the victim from her hair.
- victim’s body may show nail abrasions and bruises around her mouth (to prevent her from
shouting), on her wrists (to prevent her resisting), and on the inner aspect of her thighs (to force them apart). - Signs of general violence vary according to victim’s age :
• children : resistance are usually absent.
• signs of resistance are less in virgins than in married women. - Swabs are taken of teeth marks on the victim’s body for the presence of the accused saliva.
- Broken nails are noted and debris under the nails removed for examination.
Signs of local violence ? 6
- Bruises and may be bite marks on the victim’s breast.
- Abrasions and bruises on the vulva, the age of such lesions must be coincided with the date of
assault. Sometimes assault leaves nothing except hyperemia of the vulva with tender red swollen clitoris due to friction. - Tears of the hymen may result from rape of a virgin; in this case the site and age of tears must be noted.
- Loose pubic hair from the assailant may be found
on the victim’s genitalia forming a good evidence
against him. - Signs of local violence vary according to victim’s
age, virginity and development of her genitals.
In adult virgins the signs of local violence are more evident with rupture of the hymen. In
married women the signs of local violence are minimal because the hymen is already ruptured. - Repeated further examinations of the
victim are necessary to confrm
complications that may result from the assault as venereal diseases that may be contracted from the assailant, and also pregnancy that may occur as a result of
assault.
Presence of the seminal stains
- On clothes
- On pubic hair
- On other body parts
- In the vagina
Examination of accused ? 5
- Written consent for examination must be taken from the accused.
- His age is estimated (if he is below 14 years the law considers him incapable of committing the sexual act).
- His mental condition is noticed for any defciency.
- His physical development is compared with that of the victim for the possibility of overpowering her.
- His body is examined for signs of struggle, and carefully looking for external injuries e.g. abrasions and bruises on his face, hands or private part, sometimes he may
show bite which must be compared with the victim’s teeth. The age of injuries must be estimated and compared with the date of the crime.
Local examination of the accused
◦ Injuries such as abrasions caused by the victim’s
fngers and coinciding with the date of assault.
◦ Foreign matter e.g. victim’s pubic hair sticking
to his private parts.
◦ Venereal disease e.g. gonorrhoea.
◦ Examination of his genitalia and his clothing for the of blood stains which may be derived from the victim, in this case they may contain vaginal epithelial cells. A blood sample from him should be obtained for grouping.
◦ Erectile dysfunction (impotence) may be alleged by the assailant as a defense for the charge of rape, so examination of him to prove that must be done.
Examine virgiiity
- Alleged rape (Lost her virginity)
- Alleged impoteice of husband (Still virgin)
- Alleged nonvirginity of the wife (deforate before marriage).
Signs of virginity 5
• Intact hymei
• Intact posterior commissure
• Labia major are firm, round and
completely closing vagina
• Narrow vagina
• Firm breasts hemispherical with small nipples and rosy areola.