forensic aspect of sexual crime

1. Sexual offenses
Dr Kaleem Khan
Assistant Professor
GFIMSR

2. DEFINITION
• Sexual offences are act of illegal sexual intercourse with
another person or with an animal or any other illegal act
to obtain sexual gratification
– Natural offences
– Unnatural offences
– Sexual perversions
– Other sex-linked offences

3. Natural Sexual offences
It includes those offences
which are committed in
order of nature i.e. by
penetration of vagina by
penis.
• Rape
• Incest
• adultery

4. DEFINITION OF RAPE
• An act or instance of robbing or despoiling or carrying
away a person by force
• As per FBI
• Penetration, no matter how slight, of the vagina or anus
with any body part or object, or oral penetration by a sex
organ of another person, without the consent of the
victim.

5. Rape
• Rape is a type of sexual assault usually involving sexual
intercourse or other forms of sexual penetration initiated
against one or more individuals without the consent of those
individuals.
• The act may be carried out by physical force,
– coercion,
– abuse of authority
• below the legal age of consent.
• incapable of valid consent, such as one who is
– unconscious,
– incapacitated,
• The term rape is sometimes used interchangeably with the term sexual

6. Rape is a type of sexual assault usually involving sexual
intercourse or other forms of sexual penetration initiated against
one or more individuals without the consent of those individuals.
• The act may be carried out by
physical force,
– coercion,
– abuse of authority
• below the legal age of
consent.
• incapable of valid consent,
such as one who is
– unconscious,
– incapacitated,
• The term rape- sexual
assault

7. Rape (IPC 375)
• Definition : A man is said to commit "rape" if he-—
– Penetrates his penis, to any extent, into the vagina, mouth, urethra or anus
of a woman or makes her to do so with him or any other person; or
– Inserts, to any extent, any object or a part of the body, not being the penis,
into the vagina, the urethra or anus of a woman or makes her to do so with
him or any other person; or
– Manipulates any part of the body of a woman so as to cause penetration
into the vagina, urethra, anus or any ~ of body of such woman or makes
her to do so with him or any other person; or
– Applies his mouth to the vagina, anus, urethra of a woman or makes her to
do so with him or any other person,

8. • under the circumstances falling under any of the following seven descriptions:—
– First.—Against her will.
– Secondly.—Without her consent.
– Third/y.—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/y.—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.(impersonation)
– Fifth/y.—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.
– Sixthly.—With or without her consent, when she is under eighteen years of age
.
– Seventhly.—When she is unable to communicate consent.

9. • Explanation I.—For the purposes of this section, "vagina" shall also
include labia majora.
• Explanation 2.—Consent means an unequivocal voluntary agreement
when the woman by words, gestures or any form of verbal or non-verbal
communication, communicates willingness to participate in the specific
sexual act:
• Provided that a woman who does not physically resist to the act of
penetration shall not by the reason only of that fact, be regarded as
consenting to the sexual activity.
• Exception I.—A medical procedure or intervention shall not constitute
rape.
• Exception 2.—Sexual intercourse or sexual acts by a man with his own
wife, the wife not being under fifteen years of age, is not rape.

10. Punishment for rape. (376)
1. Whoever, except in the cases provided for in sub-
section (2), commits rape, shall be punished with
rigorous imprisonment of either description for a term
which shall not he less than seven years, but which may
extend to imprisonment for life, and shall also be liable
to fine.

11. 1. Whoever,—
a. Being a police officer, commits rape—
• within the limits of the police station to which such police officer
is appointed; or
• in the premises of any station house; or
• on a woman in such police officer's custody or in the custody of
a police officer subordinate to such police officer; or
b. Being a public servant, commits rape on a woman in such
public servant's custody or in the custody of a public servant
subordinate to such public servant; or
c. Being a member of the armed forces deployed in an area by
the Central or a State Government commits rape in such area; or

12. d.Being on the management or on the staff of a jail, remand home or
other place of custody established by or under any law for the time
being in force or of a women's or children's institution, commits rape on
any inmate of such jail, remand home, place or institution; or
e. Being on the management or on the staff of a hospital, commits
rape on a woman in that hospital; or
f. Being a relative, guardian or teacher of, or a person in a position of
trust or authority towards the woman, commits rape on such woman; or

13. • Commits rape during communal or sectarian violence; or
• Commits rape on a woman knowing her to be pregnant; or
• Commits rape on a woman when she is under sixteen years of age; or
• Commits rape, on a woman incapable of giving consent; or
• Being in a position of control or dominance over a woman, commits rape
on such woman; or
• Commits rape on a woman suffering from mental or physical disability;
or

14. • While committing rape causes grievous bodily harm or
maims or disfigures or endangers the life of a woman; or
• Commits rape repeatedly on the same woman, shall be
punished with rigorous imprisonment for a term which shall
not be less than ten years, but which may extend to
imprisonment for life, which shall mean imprisonment for the
remainder of that person's natural life, and shall also be
liable to fine.

15. Punishment for causing death or resulting in persistent
vegetative state of victim.(376A. )
• Whoever, commits an offence punishable under sub-section (l) or sub-
section (2) of section 376 and in the course of such commission
• inflicts an injury which causes the death of the woman or causes the
woman to be in
• a persistent vegetative state, shall be punished with rigorous
imprisonment for a term which shall not be less than twenty years,
• but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person's natural life, or with
death.

16. Sexual intercourse by husband upon his
wife during separation(376B.)
• Whoever has sexual intercourse with his own wife, who is living
separately, whether under a decree of separation or otherwise, without
her consent, shall be punished with imprisonment of either description
for a term which shall not be less than two years but which may extend
to seven years, and shall also be liable to fine.
• Explanation.—In this section, "sexual intercourse" shall
mean any of the acts mentioned in clauses (a) to (d) of
section 375.

17. Sexual intercourse by person in authority.
(376C)
• . Whoever, being—
– in a position of authority; or
– a public servant; or
– superintendent or manager of a jail, remand home or other place of
custody established by or under any law for the time being in force,
or a women's or children's institution; or
– on the management of a hospital or being on the staff of a hospital,
abuses such position or 6duciary relationship to induce or seduce
any woman either in his custody or under his charge or present in
the premises to have sexual intercourse with him, such sexual
intercourse not amounting to the offence of rape, shall be punished
with rigorous imprisonment of either description for a term which
shall not be less than 6ve years, but which may extend to ten years,
and shall also be liable to fine.

18. Gang rape. (376D.)
woman is raped by one or more persons.
each of those persons shall be deemed to
have committed the offence of rape.
twenty years, but which may extend to life
which shall mean imprisonment for the
remainder of that person's natural life, and with
fine:
Provided that such fine shall be just and
reasonable to meet the medical expenses and
rehabilitation of the victim:
Provided further that any fine imposed under
this section shall be paid to the victim

19. Punishment for repeat offenders.(376E.)
• Whoever has been previously convicted of an offence
punishable under section 376 or section 376A or section
376D and is subsequently convicted of an offence
• punishable under any of the said sections shall be
punished with imprisonment for life which shall mean
imprisonment for the remainder of that person's natural
life, or with death.'.

21. Adultery(Section-497)
• Whoever has sexual intercourse with a person who is and whom he
knows or has reason to believe to be the wife of another man, without
the consent or connivance of that man, such sexual intercourse not
amounting to the offence of rape, is guilty of the offence of adultery, and
shall be punished with imprisonment of either description for a term
which may extend to
• five years, or with fine, or with both.
• In such case, the wife shall not be punishable as an
abettor.”

23. 228A.DISCLOSURE OF IDENTITY OF THE
VICTIM OF CERTAIN OFFENCES, ETC
• Whoever prints or publishes the name or any matter which
may make known the identity of any person against whom
an offence under section 376, section 376A, section 376B,
section 376C or section 376D
• shall be punished with imprisonment of either description
for a term which may extend to two years and
• shall also be liable to fine.

24. Unnatural sexual offences
• Definition: sexual intercourse against the order of nature
i.e. when the act does not involve penetration of a
woman’s vagina by the man’s penis.
• Sodomy
• Tribadism /lesbianism
• Bestiality
• Buccal / oral coitus

25. IPC 377.
• Unnatural offences:
• Whoever voluntarily has carnal intercourse against the
order of nature with any man, woman or animal, shall be
punished with imprisonment for life, or with imprisonment
of either description for term which may extend to
• Ten years, and shall also be
• Liable to fine.

26. Sodomy
• Sodomy or Greek Love or Buggery (It used to be practiced
in the town of Sodom and so the name is sodomy)
• It is defined as anal intercourse
• between 2 males (homosexual sodomy), or
• male & female (heterosexual sodomy).
• Pederasty -when passive agent is a young boy and the
• Passive boy is called Catamite.
• Gerontophilia-passive agent is adult; it is called.

27. • Active agent is one who performs act and
• passive agent is one on whom act is performed.
• Habitual passive agents are called
– “fairies gays” or
– “queen in west”.
– In India they are called “Zananas

28. Unnatural Offences-buccal Coitus, Sin Of Gomorrah
Or Intercourse In Os
• It is also called Sin of Gomorrah because it was
prevalent in a Biblical town of that name.
• Male organ introduced into mouth .
• Buccal swabs of victim teeth within 8hrs of oro-penile contact will reveal
seminal traces, provided there was no cleaning of teeth or consumption of
hot drinks.
• Rarely, faint teeth marks and abrasions on penis of assailant
• Death – aspiration of semen, impaction of penis in oropharynx.
• Diagnosis – semen in respiratory tract, stomach
– Fellatio means the oral stimulation or manipulation of the penis either by
male or female.
– Cunnilingus means the oral stimulation of the female genitals.

30. Tribadism Or Lesbian Love Or Lesbianism
• In Greek mythology, the female population of the isle of Lesbos practiced
this perversion and hence the name.
• It is gratification of sexual desire of a woman by another woman. It is also
known as female homosexuality.
• The instrument of passion is usually the clitoris which may be enlarged.
• Tribadism is a form of mental aberration and is indulged by women who
have repulsion for men or who suffer from nymphomania. (Perverted
uncontrollable sexual desire)
• The condition is of little medico legal interest and the medical examination
is of no value in deciding whether the offence has taken place.

31. BESTIALITY(The offence is punishable under
Section 377 IPC. )
• It means sexual intercourse by a human being with a lower
animal, either through the anus or the vagina
• Any animal, either domesticated on the farm animals or pets –
calves, sheep, ducks, geese, donkeys, and dogs may be used.
•
• Generally
– Sheep are used by the males,
– dogs and cats by the females.
• On most occasions, the animal manipulates the genitalia by mouth and
actual coitus is not quite common.
• The accused may be a young person employed to look after the animals,
sex-starved lonely individual, or one suffering from some mental
aberration.
• The superstitious belief that STDs are cured by sexual intercourse with a
lower animal may lead to bestiality.

32. SEXUAL PERVERSIONS
• Sexual perversions are habitual acts to obtain sexual
gratification without sexual intercourse.
• PARAPHILIA
• Paraphilia (Greek para: beside, philos: loving) “Recurrent, intense sexual
urges, fantasies, or behaviors that
• involve unusual objects, activities, or situations and cause clinically
significant distress or
• impairment in social, occupational or other important areas of
functioning.”

33. • Characterized by:
• 6 month period of intense
•
• Recurrent sexual urges or behavior that involves
• Nonhuman objects
• Causing pain
• Suffering

34. TYPES (diagnostic and statistical manual of
mental disorder (DSM-IV))
• Sadism
• Masochism
• Transvestic fetishism
• Voyeurism
• Exhibinism
• Fetishism
• Frotteurism
• pedophilia

35. SADISM (ALGOLAGNIA)
• The name sadism is derived from the French
writer Marquis de Sade (1740-1814), who wrote
books in which characters enjoyed being cruel
and much of his writing was done while in
prison.
• More common in males.
• Person gets sexual gratification by
– infliction of pain
– physical cruelty
– beating,
– biting,
– whipping,
– cigarette burns
– ill-treating the partner.

36. • Multiple injuries are inflicted on
– Any part of the body
– Breast and
– External genitalia
– Murder may be committed (Lust murder)
• LUST MURDER:-it is a homicide in which the
offender stabs, pierces, slashes, or otherwise
mutilates the sexual organs or areas of the
victim’s body.
• With torturing the partner, sexual arousal
starts and with the death of the partner, full
gratification is obtained.
• The mutilation of the victim may include
evisceration and/or displacement of the
genitalia.

37. • A lust murder begins with the
obsessive compulsions of the offender.
• These sadists have sexual obsession
with their victims, and organized lust
murderers may stalk their victims for
months or weeks before the actual
killing.

38. SADISM-).
• (NECROPHILIA
• After murder, the sadist may have
sexual intercourse with her .
• NECROPHAGIA
• He may tear out the
– genitalia or
– other organs may
– suck or lick the wounds or
– eat the flesh of the victim
– to derive sexual pleasure
(necrophagia / anthropophagy).
– It is the consequence of extreme
sadist practice.

39. MASOCHISM (PASSIVE ALGOLAGNIA)
• The term is derived from the 19th
century author Leopard Von
Sacher Masoch,
• An Austrian novelist who
portrayed characters suffering
from this perversion.
• As a stimulus to write, he liked
to be whipped by his wife.

40. • Sexual gratification is obtained only when they
receive painful stimulus from opposite partner.
• It is the reverse of sadism and more common in
males
• Masochistic asphyxial death
– may occur due to accidental hanging or strangulation
in a masochist during masochistic exercise
(autoerotic death).
– In autoerotic hanging, sexual pleasure is derived by
partial reduction of blood supply to brain.

41. • Sadism and Masochism are rarely found in pure
state (combined entity is known as
sadomasochism).
• They are usually found together with one type
dominant over the other.
• The combination is known as bondage.

42. FETICHISM
• Alfred Binet, the French psychologist coined the term i.e.
mystical qualities to inanimate objects.
• sexual gratification is associated with contact and sight of certain
– parts of the female body, or
– even clothing, or
– other articles.
• A fetish object is an object which attracts a person with
irrational fascination amounting to magical attraction.
• Any article like clothing, dress particularly female acts as
stimulus like the undergarments—
– panties,
– bra,
– handkerchief, s
– shoes,

43. EXHIBITIONISM
• It is a desire and intentional exposure of genitalia in public
places while in presence of others (mostly in front of
children or females) to obtain sexual pleasure.
• This act may be accompanied by with/without
masturbatory acts.
• Occasionally female may expose themselves in public.
• This perversion is more in males and is called “flashers”.
• Most of them are psychopathic or suffer from compulsive
neurosis.
• Exhibitionism is an obscene act punishable under Section
294 IPC with imprisonment upto 3 months and or fine.

44. TRANSVESTISM/EONISM
• Magnus Hirschfeld coined the term (Latin—Trans:-
across, over; vestitus: dressed) to refer to the sexual
interest in cross-dressing.
• The tem Eonism is derived from Frenchman, “Chevalier
d Eon de Beaumont” , who practiced this perversion.
• This is a perversion in which the personality of the
individual is dominated by the desire to be identified
with the opposite sex. The fantasy indulged in is clearly
“being a female” if a male, and “being a male”, if a
female
• The clothes worn are usually underclothes, brassier,
knickers, etc, of an expensive and alluring type. The
perversion is also seen in females who dress themselves
in male attire.

45. URANISM
• In this type of perversion, the pervert gets sexual gratification
by fingering, fondling, or licking of the genitelia
• “Fellatio” means oral stimulation of the penis by the
male/female, and
• “Cunnilingus” means oral stimulation of the female genitalia.
• This perversion is more common than generally thought of.

46. MASTURBATION (ONANISM)
• Masturbation is the self-sexual stimulation of the genitals for sexual
arousal or other sexual pleasure, usually to the point of orgasm. The
stimulation may involve hands, fingers, everyday objects, sex toys or
combinations of these.
• Mutual masturbation, mutual manual stimulation of the genitals between
partners, can be a substitute for sexual penetration.
• Masturbation is seen in both
– men –hand, bottle, test tube,
– Women-fingers, test tubes, bananas, artificial phallus
• It is an offence when practiced openly, e.g. in telephone
booths, bus or toilet.

47. UROLAGNIA (UROPHILIA, UNDINISM)
• The pervert gets sexual gratification by the sight or odour
of urine and /or by urination.
• The word is derived from Greek (ouron: urine, lagneia:
lust) and these types of perverts may enjoy
– urinating on another person or
– being urinated upon. (Golden showers)

48. COPROPHILIA
(Greek- kopros: excrement, filia: fondness)
It is a morbid attraction to, and sexual gratification obtained
from faeces
– liking,
– smell,
– taste or
– feel
• Eating of faeces is known as Coprophagia..

49. VOYEURISM (SCOPTOPHILIA)
• In this the pervert has morbid desire to observe people
to get erotic excitement and sexual gratification
– undress,
– taking bath,
– see the genitalia or
– watch intercourse.
–
• Voyeurs (French voir: to see, observer) frequently
peep into the bedrooms of others and are therefore
called “Peeping Toms”.
• Some voyeurs prefer to observe their own wives being
seduced by other men. This act may be accompanied
by exhibitionism or masturbation.

50. FROTTEURISM
• This is a perversion mostly seen in males; in which the pervert
to get sexual gratification and even orgasm , has compulsion to
• Rub the genitalia against a female’s body,
• Usually in lifts or
• In crowded bus.
• This is an offence and punishable under Section 290 IPC (fine
of Rs. 200) and Section 291 IPC (imprisonment for 6 months
and /or fine).

51. Pedophilia
• Recurrent intense sexual fantasies, urges, or behaviour
involving sexual activity
• With prepubescent child or children(<13 years)
• By a person who is >16 years
• At least 5 years older than child
• Infantophilia – victim < 5 years
• Hebephilia- victim adolescent
• Gerontophilia-elderly

52. INDECENT ASSAULT
Any offence committed on a female with the intension or
knowledge to outrage her modesty.
This can mean anything, from an
– unproven rape
– touching the buttocks
– fondling the breast,
– thighs, perineum,
– kissing a woman forcefully, or
– putting up a woman’s skirt

53. ALLEGATIONS AGAINST DOCTORS
• One of the biggest risks in medical practice is the vulnerability of
male doctors to the allegations by women patients of indecent
assault during consultation or treatment session which may vary
from
– intimate touching, to
– kissing,
– fondling the breast or private parts and
– even actual intercourse amounting to rape.
• Stripping naked a female patient for medical examination is
regarded as an assault and is punishable.
•
• Under Section 354 IPC, if found guilty, shall be punished with
imprisonment of either description for a term which may extend
to two years, or with fine, or with both.

54. Thanks