Topic: Examination
of sexual assault / rape victim in the living.
Sub-topics:
1) Definition
2) Medicolegal Examination
3) Forensic Evidence /Sample collection
4) Documentation
1) Definition: Legal definition of rape
A man is said to commit “rape” if he has sexual
intercourse with a woman under circumstances falling under any of the six following
descriptions:
• First– Against her will.
• Second – Without her consent.
• Third – 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.
• Fourth – 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.
• Fifth – 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.
• Sixth – With or without her consent, when she is
under sixteen years of age.
Explanation: Penetration is Surface sufficient to
constitute the sexual intercourse necessary to the offence of rape.
Exception: Sexual intercourse by a man with his own
wife, the wife not being under fifteen years of age, is not rape.
Dangers of Rape:
The victim may develop shock due to fear which may
turn fatal and when the victim survives, may make her mentally deranged
temporarily or permanently. She may suffer from haemorrhage due to genital
injuries, may be fatal when severe. She may suffer from accidental death like suffocation
,the rapist may cover his hand over her mouth and nostrils preventing the
victim from shouting or screaming for help. There maybe the case of homicidal death for example from strangulation
in order to conceal the event, the rapist may kill his victim after rape. The
victim may even end her life.
Provisions and the laws regarding rape
case in Nepal
No. 1 : Having sexual
intercourse with an unmarried girl, a widow or someone's wife under sixteen
years of age with or without her consent and with one above sixteen years of
age without her consent by using force or showing threat or even under
inappropriate influence is proved to be a rape case.
No. 2 : For raping a woman
within family relationship, the one who rapes will get punishment mentioned in
the chapter regarding sexual intercourse within kinship in addition to the
punishment in accord with this chapter. As for the case of life imprisonment,
the punishment for rape will not be added.
No. 3 : One who commits
rape should be imprisoned for six upto ten years if the woman raped is under
fourteen years of age, and for three upto five years if the woman is fourteen
or above fourteen years of age.
No. 4 : One who knowingly
accompanies the one who intends to commit rape, and who grabs the woman or
helps in the act should be punished upto one year each. As for the case of a
girl under fourteen years of age, he will be punished doubly.
No. 5 : The one who has
made an attempt to rape but has not committed rape will get punished equal to
half of the one's who has committed it.
No. 6 : If someone has
instigated someone else to commit rape, the one who has instigated to perform
the act will, in the case of rape having committed, get punishment equal to
half of the rapist's, and in the case of attempted but not actually committed
rape, he will get equal to half of the attempt maker's punishment.
No. 7: If someone has a
sexual intercourse with a prostitution without her consent, the one who commits
it will either be fined an amount of Rs. five hundred or imprisoned upto one
year.
2) Medicolegal Examination of rape victim
Examination of the scene: The forensic pathologist
should himself visit the crime scene.
General examination: a) Examination of the clothing
Examination of clothing: The victim should ideally
undress herself whenever possible or otherwise assisted by the third party. The
person is made to stand over
a wide white paper/cloth to collect any trace evidence
that may dislodge while undressing. Followings finding can found out from the
clothing.
Ø There may be tears in the clothing and loss of buttons can be noticed.
Ø Various stains can be noticed. Those stains may be of blood,semen, saliva,
urine, faecal matter, mud ,etc
Ø Other traces evidences like hairs, fibers, grass ,etc can be found.
Ø Stains and any other trace evidences
should be collected.
.
Vital signs of the
victim should be recorded and noted. We should look for the sign of struggle to
overcome the violence which may present in any form such as
Abrasions, nail scratches, bruises, bite marks, lacerations, incised and stab wounds, etc.
Any injuries present should be properly documented, incorporating sketches or photographs whenever possible, giving exact location, detailed description:
size, shape,type of injury, age of
injury, etc
Genital/Local Examination: Following requirement should
be arranged for genital examination.
Ø Position: Proper examination is
possible only by making
the
patient adopt the lithotomy position .
Ø Proper illumination: This can help
in good observation.
Ø Local anaesthesia: Use of local anasthesia may be beneficial when the
victim is complaining of severe pain.
Ø Examination proper: Findings differ depending on the victim who could be a virgin, deflorated
woman, or a child. Now we shall discuss those findings.
Findings in a Virgin Victim
All findings are described as typical findings of rape
and become
corroborative evidence in law and these are as
followings.
• On the vulva – redness, bruises, swellings,
tears, scratches, bleeding, etc. can be noticed and maybe suggestive of rape.
• With the hymen – Recent rupture is of maximum
corroborative value. The site and degree of tears should be noted. Hymen
examination kit should be used.
• In the vagina – bruises, tears, bleeding,
discharges (venereal origin), foreign particles, etc. Menstrual flow may be
there if the victim is in her menstruating period.
Findings in Deflorated Woman Victim
Typical findings described in the virgin victim may not
be elicited in a deflorated woman victim. However, presence of the following is
important in such cases:
• Semen in the vagina (in fornices or vulva or garments
worn). And that can be confirmed by
vaginal smear.
• Evidence of struggle is more
important these victims because of the lack of typical genital findings in
these patients. Perineal tears can be anticipated in such patients suggested by
uncontrolled bleeding or clotted blood.
• Discharges of lesions of sexually transmitted
infections such as gonorrhea, syphilis, etc. if present noted.
Hymen Examination
:Hymen examination is an essential step in the examination of a rape victim if
the victim is unmarried. It is done with a special kit called ‘hymen examination
kit’ that comprises of a set of glass rods of varying sizes with a spherical
bulbous expansion at one end.
Collection of Evidence: Rape is an excellent example for Locard’s Principle of
Exchange which states that every contact leaves a trace. Physical and
biological evidence play a pivotal role in the objective and scientific
reconstruction
of the events in question. The evidence should be
collected from the victim, from the crime scene and from the suspect employing
standard techniques. Each sample should be packed using appropriate packaging
materials, labelled, sealed and stored as per specification before transporting
it to the laboratories. Documented chain of custody of the evidence should be
maintained strictly at every level to ensure the authenticity of the evidence.
1. Stains and foreign materials present on the clothing
or body.
2. Fingernail scrapings.
3. Brushing/combing of the person’s hairy region: head, body
and pubic.
4. Samples of the person’s hair:
head, body and pubic.
5. Urethral, perianal, vulvar
swabs, vaginal content aspiration and swab, and cervical swab to be collected under
direct visualisation. Ideally it should be collected prior to the examination
to avoid contamination.
6. Sample of blood
Detection of semen
The type of physical evidence most frequently
associated with
sexual assault cases is semen. The presence
of semen is indicative of the occurrence of sexual activity.
Process of Collecting
Biological Samples
a. Dried Stains: Application
of absorbent swabs moistened in distilled water or normal saline.
b. Wet Stains: Under
direct visualisation any liquid secretions in the body cavities can be
collected by aspiration or insertion of dry absorbent swabs.
Various screening test
are done for the indentification of occult seminal stains like ultraviolet
light scanning and chemical tests like Barberios test and fluorescent test.
Other chemical markers
can be used as well for seminal content in the stain like alkaline phosphatase,
creatinine
phosphokinase, lactate
dehydrogenase isoenzymes, etc.
Confirmatory Tests for
detection of semen from stains extract
The seminal stain is processed for
extraction, which yields a supernatant and a cell pellet. The cell pellet is
used for detection of spermatozoa and for DNA analysis while the supernatant portion
is used for detection of noncellular markers in semen and to develop genetic
profiling or grouping. Depending on the time elapsed since the crime,
spermatozoa may be alive and motile or dead. Identification of one or more
spermatozoa is conclusive proof of the presence of semen and affirms sexual
contact.
Examination of the
Accused
The accused of a rape
case can be made to present for medicolegal examination. Except some
differences, the procedure is almost the same as with examination of rape
victim.
Ø
Genital Examination: Following
things can be noted and should be looked for.
Ø
Injuries suggestive of
forcible sexual intercourse such as bruises, nail scratch marks, etc. by the
victim in resisting the act of rape
Ø
Tearing of prepuce,
frenulum, etc. due to forcible penetration can be noted.
Ø
Swabs from the urethra,
shaft and glans are collected in addition to the above-mentioned physical
evidence.
Lugol’s iodine test: During sexual intercourse, vaginal epithelial cells,
which are transferred to glans penis are confirmed by
this test in the accused individuals. In this test glans penis is mopped with a filter paper and the paper is then
exposed to Lugol’s iodine vapor. A brownish discoloration on the paper is
suggestive of presence of vaginal epithelium, which is rich in glycogen
content, responsible for
color change on the paper.
SIGNIFICANCE OF MEDICAL EXAMINATION
OF SEXUAL ASSAULT
Medical evidence of rape
can be derived from:
• Presence of stains of
body fluid and foreign materials in the clothing and body including genitalia
of the victim or vice
versa.
• Presence of marks of
struggle or violence in the body and clothing inflicted by the accused or vice
versa.
• Evidence of injuries
in and around genitalia of the victim.
• Presence of semen in
the vagina of the victim.
• Evidence of implanted venereal disease on
the body of the
victim.
In the legal context, to constitute the
offence of rape there need not be full penetration of the vagina by the penis
with emission of semen and rupture of hymen. Even the slightest penetration or
even touching the vulva without
producing any injury to the genitals
including hymen or leaving any evidence of seminal emission will be sufficient
to conclude that was a rape case.
As per that view the proof of seminal emission
in a victim who is below 16 years of age or injuries in the genitals provides
the proof of rape.
Documentation
Documentation should contain following
details of rape victim:
1. Name and address:
2. Age as stated by:
3. Occupation:
4. Married or not:
5. Number of children if married:
6. Persons accompanying and their relationship:
7. Consent—Obtained from parents in the case of minor
girls. Always get signature.
8. Nurse or other female present
9. Marks of identification
10. History as given by the police
11. History as given by parents/relatives
12. Statement of the female with regard to the following:
• Date, time and place of occurrence
• Exact position of the parties
• Did she struggle or cry for help?
• Was she menstruating or not?
• Was she conscious the whole time?
• Did she urinate or not? Pain?
• Did she change her clothes?
13. Date and time of lodging a complaint, explain delay
14. Date and time of physical examination
15. Mental disposition. Excited or calm
16. Gait. Does she walk as if in pain?
17. Clothes—look for blood, semen, hair, tears, loss of
buttons, mud, grass, etc. Describe location and extent of each.
18. Physical development—height, weight, build.
19. Marks of general violence—look for abrasions or
contusions of face, back of the shoulder, arms, and thighs.
20. Breasts—look for contusion, abrasion, and bitten
nipples.
21. Pubis, perineum, thighs—look for stains, matting of
hair, scratches.
22. Vulva—look for bruises, abrasions
23. Hymen—present or replaced by carunculae, if
present—type, position of natural opening, whether torn/intact, if torn—
position, extent and age of tear.
24. Fourchette—intact/torn.
25. Vagina—look for bruises, tear, nature of discharge
26. Veneral disease—gonorrhea/syphilis—get specialist’s
opinion if it is necessary and possible.
27. Vaginal smear—for spermatozoa, blood.
28. Preserve following material for chemical examination
29. Clothes are dried to prevent decomposition of stains.
Put in a cardboard box, seal, and label.
30. Take vaginal fluid with a swab
.
We do not own any of the contents in this blog. We are not hosting any copyrighted content, all the links provided in this blog are just randoms links already available somewhere in the internet.
All the contents in this blog are only for educational purposes. If you think your right is infringed in any way, please let us know at js2269335@gmail.com. We will remove the link as soon as possible.
