Sexual Offences

Chapter 19

Definition of Rape (Sec 375 IPC, BNS 63)

• A man is said to commit rape if he:

  • a) Penetrates with his penis into a woman's vagina, mouth, urethra, or anus, or makes her do it with him or any other person.

  • b) Inserts any object or body part (not the penis) into the vagina, urethra, or anus, or makes her do so with him or any other person.

  • c) Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or makes her to do so with him or any other person.

  • d) Applies his mouth to a woman’s vagina, urethra, or anus, or makes her do so under specific circumstances, including:

    • Against her will.

    • Without her consent.

    • With her consent when it has been gained through coercion or fear of harm.

    • With her consent, but she believes he is someone else (her lawful husband).

    • With her consent but while she is unable to understand what she's consenting to (due to intoxication or mental unsoundness).

    • With or without consent if she is under 18 years old.

    • When the woman is incapable of communicating consent.

• Explanations:

  • Penetration to any extent qualifies as 'penetration' under this section.

  • Vagina includes labia majora.

  • Consent means a clear, voluntary agreement, communicated through various means, not just lack of resistance.

• Exceptions:

  • Medical procedures are not considered rape.

  • Sexual intercourse with one’s wife is not considered rape if she is over 15 years (2018 SC ruling raised age to 18).

Punishment for Rape (Sec 376 IPC, BNS 64)

• General Punishment:

  • Rigorous imprisonment for 10 years, extendable to life, with a fine.

• Enhanced Penalties for specific offenders:

  • Police officers, public servants, armed force members, jail managers, and medical staff committing rape while in a position of authority shall face increased penalties:

    • Rigorous imprisonment for 10 years, extendable to life and fine for aggravated circumstances including:

      • Victim being pregnant.

      • Victim is under 16 years of age.

      • Victim incapable of giving consent.

      • Economic or social dominance exercised over the victim.

      • Victim suffers from physical or mental disability.

      • Causing grievous bodily harm or threat to life.

      • Repeated sexual assault on the same woman.

• Severe Consequences:

  • Rape of a woman below 16 years punished with rigorous imprisonment for 20 years which may extend to life.

  • 376A IPC,BNS 66: Life imprisonment for acts causing death or vegetative state during rape.

  • 376B IPC,BNS 67: Husband's sexual intercourse with his wife during separation without consent is punishable with 2 to 7 years imprisonment.

  • 376C IPC,BNS 68: Public servant or jail manager engaging with a woman under their authority can face 5 to 10 years in prison.

Gang Rape (Sec 376D IPC, BNS 70(1))

• Each perpetrator in a gang rape faces:

  • Rigorous imprisonment for 20 years, extendable to life, and fines for medical expenses and victim rehabilitation.

Repeat Offenders (Sec 376E IPC, BNS 71)

• Life imprisonment or death for individuals previously convicted of rape under specified sections.

Legal Sections Related to Rape

Statement Recording (Sec 157 CrPC)

• Victim's statement must be taken by a woman police officer at a location of her choosing, with her guardian present.

Medical Examination (Sec 164A CrPC)

• Victims of rape must be examined by a government medical practitioner within 24 hours of the incident.

• Statements recorded by Judicial Magistrate should be video-audio recorded, involving the accused's advocate.

Presumptions (Sec 114A IEA)

• If a victim states no consent was given, the court presumes she did not consent.

• Questions regarding the victim's moral character or prior sexual experience are not permitted during cross-examination.

Court Trials (Sec 26(a) CrPC)

• Rape cases should be tried in courts presided over by women, and trials should be in-camera by women judges.

Disclosure of Victim Identity (Sec 228A IPC)

• Revealing a rape victim's identity is punishable by 2 years imprisonment and a fine.

Time Period for Enquiry/Trial

• Sec 309 CrPC: Trials for rape cases must occur within 2 months from when witness examinations start.

• Sec 173A CrPC: Investigations into child rapes must finish within 3 months of recording information.

Direct Access to Medical Help

• Doctors can examine victims without waiting for police registration, with subsequent notification to the authorities.

Examination of Victim of Rape

Importance of Timely Medical Examination

• Medical examinations must occur promptly to preserve evidence, as delays can obscure injuries and prevent detection of spermatozoa.

Consent

• Above 18 years: Victims can consent.

• Below 18 years: Parent or guardian must consent.

• Informed written consent needed for examinations and specimen collection.

History Taking

• Record details of the incident, substances used, any prior sexual acts, and actions taken by the victim prior to examination.

General Examination

• Document general demeanor and vital signs (pulse, blood pressure) to assess trauma.

Clothing Examination

• Victims should undress themselves standing on a clean sheet of paper to collect trace evidence.

• Tears in the fabric, loss of button etc should be noted along with their soiling with dirt, mud, sand, grass, foreign hairs, blood, semen etc.

• Clothing should be preserved properly for forensic analysis.

Potential Outcomes of Rape

• May lead to:

  • Extragenital injuries

  • Genital injuries

  • Psychological symptoms

  • Sexually transmitted diseases (STDs)

  • Pregnancy

Examination of Extragenital Injuries

• Note any signs of violence, including:

  • Abrasions

  • Contusions

  • Lacerations

  • Nail marks

  • Bite marks

• Locations for potential injuries include face, breasts, and extremities.

Bite Marks

• Types of Bite Marks:

  • Love Bite Marks:

    • Also known as suction petechiae or superficial bites.

    • Usually present on breasts, face, and shoulders.

    • Not deep; may appear as superficial bruises with intradermal infiltration.

  • True Bite Marks:

    • Deep impressions of teeth caused by forcible bites.

    • Commonly found on breasts, neck, chest wall, lower abdomen, and thighs.

    • May result in severe injuries, such as bitten-off nipples.

• Examination & Evidence Collection:

  • Swabbing:

    • Wet and dry swabs from bite marks should be taken to detect saliva, group, and DNA.

  • Contusions:

    • May appear anywhere on the body, particularly on upper arms (six penny bruise) from forceful restraint.

  • Abrasions and Bruises:

    • Commonly found on the back, chest, buttocks, and legs due to contact with rough surfaces.

  • Documentation of Injuries:

    • Injuries must be described in detail (size, shape, position).

    • Note the age of injuries for correlation with the timing of the incident.

    • Use diagrams to mark injuries clearly.

    • Minimal injuries may indicate victim incapacitation or overpowering.

  • Photography:

    • Consent from the victim is necessary for photographing injuries, particularly bite marks, for future identification.

Local Examination for Genital Injuries

• Examination Protocol:

  • Conduct under good lighting; patient in lithotomy position for examination.

  • Approach should be empathetic and considerate to the victim.

  • Menstruation is not a barrier to examination.

• Evidence Collection:

  • Look for matted hairs at the external genitals due to recent intercourse; cut with scissors.

  • Loose pubic hairs should be collected carefully.

  • Dried seminal stains should be scraped off with a clean blunt knife for laboratory analysis.

• Examination Of Genitals:

  • Assess labia majora for contusions, lacerations, or tenderness.

  • Examine the vaginal wall for lacerations and hymen status.

    • Note presence, type, and condition of the hymen.

    • Take swabs before assessing the hymen, followed by high vaginal swabs.

  • Use a small vaginal speculum for examining vaginal wall injuries.

  • In young children, severe injuries require anesthesia for examination.

Issues Related to Examination

• Colposcopic Examination:

  • Utilizes a colposcope for detailed assessment of genital injuries. Some colposcopes can take photographs concurrently.

  • Glaister-keen globe: Used to examine the margin of the hymen and vaginal structures.

• Microscopy of Vaginal Secretions:

  • Vaginal secretions examined microscopically for motile spermatozoa to determine intercourse timing (within 12 hours).

  • Staining with eosin-hematoxylin or Papanicolaou smears can be performed.

  • Vaginal aspirate involves injecting saline into the vagina for analysis of sperm viability.

Sexual Assault Forensic Evidence Collection

• SAFE Kit:

  • Developed for trace evidence collection in sexual assault cases, includes necessary tools (swabs, vials, envelopes, forms).

• Venereal Disease Assessment:

  • Examine any discharge for nature and color; necessary swabs for microscopy and cultures.

  • HIV testing should be considered after a window period (approx. 4 weeks).

Rape of a Virgin

• Hymen Examination:

  • Separation of labia for examining hymen status; rupture indicates first intercourse.

  • Rupture of hymen most often occurs posteriorly (5-7 o’clock positions).

  • Initial findings include reddened, swollen margins with possible bleeding.

• Notes on Injuries:

  • In children, hymen may remain intact despite external injuries; severe penetrating force can cause significant internal damage.

  • Blood clots may be present in the vagina; posterior vaginal wall tears are common.

  • It's important to note that rape is a legal term, not a medical one, and absence of physical injuries does not negate the possibility of rape.

Comprehensive Evidence Gathering

• Specimens to Collect:

  • Vaginal swabs, smears, and swabs from the introitus.

  • Swabs from bite marks, nail clippings, and foreign hairs.

  • Blood stains and samples for grouping and DNA analysis.

  • Consent-based photography of bite marks for suspect identification.

  • Use a Wood's lamp for detection of invisible stains.

Drug-Facilitated Rape

• Common Drugs:

  • Flunitrazepam (Rohypnol) and GHB are used to impair victims.

  • Effects include loss of resistance and altered consciousness, facilitating assault.

Rape Trauma Syndrome (RTS)

• Phases of RTS:

  1. Acute Disorganization Phase: Emotional responses include anxiety, tension headaches, and depression.

  2. Later Reorganization Phase: Victims work to readjust; possible anxiety neuroses, nightmares, and phobias.

• Treatment Approaches:

  • Psychotherapy and drug therapy with SSRIs.

  • Cognitive Behavioral Therapy is noted to be more effective than drug therapies.

• Rape Crisis Centers: Available in some countries for victim support and rehabilitation.

General Examination of Rape Victim

Initial Findings

• Avulsion of Head Hair: Significant loss of hair can indicate a struggle.

• Swelling of Eyes: Possible signs of trauma or physical assault.

• Nail Marks: Possible defense injuries from the victim.

Types of Injuries

• Lacerations

• Abrasions

• Contusions

• Graze Abrasions

General Injuries Observed

• Abrasions, bruises, and/or lacerations on vulnerable body areas:

  • Face

  • Neck

  • Breasts

  • Inner Thighs

Swabs to be Collected

1. Blood stain

2. Seminal stain

3. Bite marks

4. Vaginal swab & smear

Important Collects

• Vaginal Aspirate: Important for forensic analysis.

• Loose Hair: Collect by combing the pubic region.

• Blood Samples: For grouping, DNA, drugs/alcohol.

• Urine Sample: For drug/alcohol testing.

• Nail Scrapings: To recover potential evidence.

• Foreign Material: May indicate struggle.

• Cut Matting of Pubic Hair: Collect specimens.

Specific Observations

• Graze Abrasions: Noted on back of the chest, elbows, heels, and knees.

• Skin Injuries: Must be documented for evidence.

Local Examination of Injuries in a Rape Victim

Female Genital Examination

• Detailed Observations:

  • Thighs: Check for abrasions, bruises, bite marks.

  • Clitoris: Look for abrasions and bruises.

  • Labia Minora: Check for laceration and bruising.

  • Labia Majora: Observe for redness, bruising, and any abrasions.

  • Hymen: Look for tears, especially on the posterior part.

  • Fourchette: Assess for laceration, trace tenderness, and bleeding.

  • Perineum: Look for lacerations.

  • Anus: Check for bruises and lacerations.

  • Fossa Navicularis: Assess for lacerations.

Examination of the Accused

Overview of Examination Protocol

• Timeliness: Examination should not be delayed due to the rapid fading of physical evidence.

• Identification Information: Name, age, address, occupation, and who brought the individual should be recorded.

• Informed Consent: Must be obtained prior to examination, detailing what it entails.

• Use of Reasonable Force: Allowed if consent is not given.

General Examination Protocol

• Physical Measurements: Record the individual’s age, height, and weight.

• Mental State Assessment: Document any signs of intoxication or drug influence.

• Clothing Examination: Look for damage or biological stains, air dry and store properly.

• Use of Wood's Lamp: Examine body areas where fluorescence is observed.

Injuries on the Accused

• Documentation of Injuries: Notably abrasions, bruises, or nail marks due to struggle.

• Genital Examination: Inspect for any noteworthy injuries: presence of scratches, bruises, or abrasions.

Smegma and Its Forensic Importance

• Understanding Smegma: Presence indicates no penetration has taken place within 24 hours.

• Sample Collection:

  • Penile Swab: Use two swabs (wet and dry) for testing.

  • Penile Wash: Conducted with saline for further microscopic analysis.

  • Lugol’s Iodine Test: Check for vaginal epithelial presence on the penis.

Specimen Collection from the Accused

• Swabs from glands, prepuce, and shaft.

• Penile washing using normal saline.

• Collection of pubic hair and loose hair.

• Nail clippings and scrapings.

• Blood for grouping and DNA analysis.

• Testing of blood and urine for alcohol or drugs.