Forensic Examination of Sexual Crimes | Examination in both Natural and Unnatural Offences

to counter this disrespectful act forensic science has evolved its principles to its core, in order to punish the culprits of sexual crimes. Furthermore,

CRIMESEXUAL CRIMES

Shubham Kumar

1/29/20246 min read

One of the most heinous crimes in the society which is responsible for degrading the societal norms is sexual crimes. These crimes are guilty on the grounds of violating the fundamental principles of consent, dignity respect of every individual. Therefore, to counter this disrespectful act forensic science has evolved its principles to its core, in order to punish the culprits of sexual crimes. Furthermore, providing justice to the suffered ones.

In this article we going to understand how the forensic experts handle the sexual crimes. Moreover, the action taken by forensic experts during examination of sexual crimes.

In order to understand the forensic examination in sexual crimes, first you need to understand the true meaning of sexual crimes

The term sexual crimes depict any act concerning with the sexual intercourse and sex related activities, performed in way, which tends to violate the fundamentals of dignity, respect and consent of an individual. Moreover, sexual crime is also referred to the acts regarding the sexual activities, which is against the provision of law of land.

The term sexual crime is not concentrated to any one gender, specifically speaking, not concerned to only females. Though other genders do exist and can suffer sexual violence.

However, females are the ones who are most affected by these crimes. Therefore, sexual crimes are often said regarding the protection of dignity, respect and consent of females.

Sexual crimes are of three types, natural, unnatural and sexual perversions. All these there types holds their respective characteristics. However, has same objective to disturb the fundamentals of dignity, respect and consent of an individual.

Example of sexual crimes: Rape, Incest, Sodomy, Gangrapes, custodial rapes, child pornography, etc.

Handling of Sexual Crimes

Whenever an individual faces and kind of sexual violence, she must report to the nearest police station as soon as possible. The victim of sexual violence should not do many changes in her physical appearance. Which includes, should not change clothes, should not wash face and hands and should delay too much to inform nearest police station.

The police officer will file FIR regarding the sexual crime. Since it is a cognizable and non-bailable offence, police will arrest the suspected individual or culprit. The victim will be sent to hospital for her medical examination. Similar process of medical examination will be done with the arrested suspect or culprit.

This medical examination is called the forensic examination of victim and suspect/culprit of sexual crime. This medical examination holds prominent grounds in forensic investigation of sexual crime. It reveals the valuable insights and holds potential to uncover the telltale behind the events.

Forensic examination of Natural sexual offence (examination undertaken specially in case of Rape) | Sexual Crimes

Those sexual crimes, which involves the sexual intercourse in the order of nature, that is, penetration of penis in vagina. For example- Rape, custodial rape, gang rape and marital rape.

Section 375 IPC defines Rape as

A man is said to commit "rape" if he, except in the case provided for by subsection (2), has sexual intercourse with a woman under circumstances falling under any of the following descriptions:

  • Against her will.

  • Without her consent.

  • With her consent, but obtained by force or by means of threats or intimidation of any kind or by using fraudulent means.

  • her consent, but when she is under sixteen years of age.

  • With her consent, but when she is unable to communicate consent.

  • When she is unable to understand the nature and consequences of the act because of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance.

1. Preliminary Data
  • Name

  • Address

  • Height

  • Weight

  • Age

  • Sex

  • Occupation

  • Social status

  • Time of arrival

  • Time of examination

  • Name of Examiner

  • Consent of Examiner

  • Identification Marks

  • Last date of menstruation

2. History of the case
  • Name of the offender if known

  • Number of people involved.

  • Amount of violence

  • Amount of Pain

  • Position of assailant

  • degree of penetration

  • Appearance of discharge.

  • Use of lube / Condoms

  • Place of the act

  • Clothing's on or off

  • Any type of object used for penetration.

3. Pre- requisites for Examination
  • Permission should come from authorized person.

  • Consent of victim for examination if victim is 12 goods above consent from legal guardian of victim. when his is mentally unsound or intoxicated then also the consent will be taken from legal guardian.

  • Female attending must be present at the time of examination

4. Examination of Mental status ·
  • Mentally found or unsound

  • Intoxicated or Drug abuse

5. Examination of body parts
  • Abrasions.

  • Bitemarks

  • Nail Marks, scratches

  • Use of External force.

  • Brusies on breast, neck. buttock, thighs, inner thigs, Inner vulva.

  • Bitemarks on breast & nipples

  • Transfer of saliva

  • Stains of blood

6. Examination of Private Parta
  • Use of proctoscope

  • Sign of struggle

  • Vulva, hymen, vagina must be examined for injuries

  • Degree of hymen rupturing

  • Wear & tear of the vagina, vulva, hymen with lack of wall of epithelial tissue.

7. Examination of accused.
  • Accused must be examined by abrasion and brassies on the glands or tearing of the frenum of penis.

  • Traces fascial stains or lubricants must be examined on genital area.

  • A peculiar smell or odor is transferred by anal coitus.

  • Foreign particles, blood, hair follicles, etc. are dragged in the area of coronal Sulcas and tearing of frenum uncircumcised can be found.

  • Cloth should be examined.

  • Penile Examination.

Examination of Unnatural sexual offence (examination undertaken specially in case of Sodomy) | Sexual Crimes

Those sexual crimes, which involves the sexual intercourse beyond the order of nature, that is, penetration of penis in anus coitus.

Section- 377 IPC - Defines Unnatural sex offences, as sexual intercourse against the order of nature by men, women or animal and based on punishment for the same. It is necessary to have the assignment of the mental stage of the accused by skilled psychiatrist.

Passive Agent

1. Preliminary Data

  • Name

  • Address

  • Height

  • Weight

  • Age

  • Sex

  • Occupation

  • Social status

  • Time of arrival

  • Time of examination

  • Name of Examiner

  • Consent of Examiner

  • Identification Marks

2. History of the case
  • Name of the offender if known

  • Number of people involved.

  • Amount of violence

  • Amount of Pain

  • Position of assailant

  • degree of penetration

  • Appearance of discharge.

  • Use of lube / Condoms

  • Place of the act

  • Clothing's on or off

  • Any type of object used for penetration.

3. Examination
  • The examination Should be Carried out in knee & elbow position and in presence of 3rd person.

  • Genital Examination

    • Habituated anal Intercourse

      • The anal Skin is smooth & thick appeared to be funnel shape depression

      • More deeply situated. presence of fissures

      • External or Internal hemorrhoids

    • Non-Habitual Intercourse

      • Anal orifice is found. dilated, irritable & bracing

      • Slike abrasion between anus & tip of coccis

      • Forcible stretching with radial fissures

      • sudden violence

      • Triangular burses on the anus.

      • Gait and defecation is painful.

      • Anal & Penile swabs taken

      • Anal & lower rectum should be examine using proctoscope.

4. Examination of the clothing
  • Clothing should be examined under light. Presence of seminal Stains -blood, fascial stain, sign of struggles, pubic hairs etc.

Active Agent

  • Accused must be examined by abrasion and brassies on the glands or tearing of the frenum of penis.

  • Traces fascial stains or lubricants must be examined on genital area.

  • A peculiar smell or odor is transferred by anal coitus.

  • Foreign particles, blood, hair follicles, etc. are dragged in the area of coronal Sulcas and tearing of frenum uncircumcised can be found.

  • Cloth should be examined.

Limitations in Forensic Examination (Medical Examination) of Sexual Crimes

For the success of the forensic examination in sexual crimes, the victim should report about the sexual violence as soon as possible. The law of progressive change suggests that nothing is permanent, therefore, the evidence present on the victim can be tempered.

Since environment messes with the evidence whole time, it is advised to report as soon as possible. Moreover, Edmond Locard's principle, Principle of Exchange, suggest, every contact leaves trace. Therefore, there are lots of physical and biological evidence on the victim, pointing towards the culprit.

Furthermore, the victim should also not change her clothes and washes her mouth or hands, or pelvic regions. This can comprehend with the integrity of evidence, potentially destroying them.

Reference

  • "Forensic DNA Typing" by John M. Butler

  • "The Forensic Casebook: The Science of Crime Scene Investigation" by Ngaire E. Genge

  • "Forensic Science: A Very Short Introduction" by Jim Fraser

  • "Practical Crime Scene Processing and Investigation" by Ross M. Gardner