LEGAL MEDICINE REVIEWER

MEDICO- LEGAL ASPECT OF PHYSICAL INJURIES

Physical Injury -also known as physical trauma, can happen due to an
external force. If it is a major injury, it can result in disability or even death. It
generally happens when a person could not calculate the physical factors that
can cause trauma. For instance, a person using a hammer can accidentally
strike his thumb and get injured. It happened due to improper adjustment and
misjudgment of the cognitive functions. It can also be caused by an external
natural force or another person. Let us discuss the different types of physical
trauma.
CAUSES OF PHYSICAL INJURIES
A. Mechanical Trauma
- Is an Injury to any portion of body a blow, crush, or penetrating
wound.
B. Heat or Cold
Physical injury cause by cold
Prolonged exposure of tissue to freezing temperatures
Frostbite -
causes tissue damage.
Cause by Heat
Burns
- It may be divided in three categories depending severity.
1) First Degree Burn
2) Second-Degree Burn
3) Third-Degree Burn
C. Electricity Energy
- The injurious effects of an electrical current passing through the
body are determined by its voltage, its amperage, and the
resistance of the tissues in the pathway of the current. It must be
emphasized that exposure to electricity can be harmful only if
 there is a contact point of entry and a discharge point through
which the current leaves the body.

D. Chemical Energy
- A chemical injury is the local result of the reaction that corrosive
or irritant chemical products have with biological tissue. The
consequences following a splash with an aggressive chemical can
result in chemical injuries (lesion)

E. Radiation by Radio-Actives Substance

- Radiation can result in both beneficial and dangerous biological
effects. There are basically two forms of radiation: particulate,
composed of very fast-moving particles (alpha and beta particles,
neutrons, and deuterons), and electromagnetic radiation such as
gamma rays and X-rays. From a biological point of view, the most
important attribute of radiant energy is its ability to cause
ionization—to form positively or negatively charged particles in
the body tissues that it encounters, thereby altering and, in some
cases, damaging the chemical composition of the cells.
F. Change of Atmospheric Pressure
- Physical injuries from pressure change are of two general types:
1) Blast injury - Blast injuries may be transmitted through
air or water; their effect depends on the area of the body exposed
to the blast.

2) The effects of too-rapid changes in the atmospheric

pressure in the environment.
- Decompression sickness is a disease caused by a
too-rapid reduction in atmospheric pressure. Underwater divers,
pilots of unpressurized aircraft, and persons who work
underwater or below the surface of the Earth are subject to this
disorder

G. Infection
 - Skin and soft tissue infections (SSTIs) are clinical entities of
variable presentation, etiology and severity that involve microbial
invasion of the layers of the skin and underlying soft tissues.
PHYSICAL INJURIES BROUGHT ABOUT BY PHYSICAL VIOLENCE
WOUND -is the solution of the natural continuity of any tissue of the living
body.

CLASSIFICATION OF WOUNDS
1.As to severity:
a. Mortal Wound -Wound which is caused immediately after infliction or
shortly thereafter that is capable of causing death.
Parts of the body where the wounds inflicted are considered mortal:
a. Heart and big blood vessels.
b. Brain and upper portion of the spinal cord.
c. Lungs
d. Stomach, liver spleen and intestine.

b. Non-mortal -Wound which is not capable of producing death

immediately after Infliction or shortly thereafter.

2. As to the Kind of Instrument Used:

a. Wound brought about by blunt instrument (contusion, hematoma,
lacerated Wound)
b. Wound brought about by sharp instrument:
1. Sharp-edged instrument ( incised wound ).
2. Sharp-pointed instrument ( punctured wound ).
3. Sharp- edge and sharp pointed instrument ( stab wound ).
c. Wound brought about by tearing force ( lacerated wound )
d. Wound brought about by change of atmospheric pressure ( barotraumas ).
e. Wound brought about by heat or cold ( frostbite, burns or scald )
f. Wound brought about by chemical explosion ( gunshot or shrapnel
wound )
g. Wound brought about by infection.
3. As to the Manner of infliction :
a. Hit- by means of bolo, blunt instrument, axe.
b. Thrust or stab – bayonet dagger.
c. Gunpowder explosion- projectiles or shrapnel wound.
d. Sliding or rubbing or abrasion.
4.As regards to the Depth of Wound:
Superficial
-When the wound involves only the layers of the skin.
Deep
-When the wound involves the inner structure beyond the layers of the
skin.
1. Penetrating
- one in which the wounding agent inters the body but did not
came out or the mere piercing of a solid organ or tissue of the
body.
2. Perforating
-When the wounding agent produces communication between the
inner and outer portion of the hallow organs.
5.As regards to the Relation of the Site of the Application of Force and
the Location of the Injury:
Coup Injury – Physical injury which located at the site of the
application of the
force.
Contre-coup Injury - Physical injury found opposite the site of the
application force.
 Coup Contre-Coup Injury – Physical injury located at the site and also
opposite the site of the application of force.
Locus Minoris Resistance - Physical injury located not at the site nor
opposite the site of the application of force but in some areas offering
the least resistance to the force applied.
Extensive Injury - Physical injury involving a greater area of the body
beyond the site of the application of force.
6. As to the Regions or Organs of the Body Involved:
The wounds of the different organs and regions of the body will be
discussed separately under “Injuries in various Part of the Body”.
7.Special Types of Wounds:
Defense Wound
– Wound which is the result of the person ‘s instinctive reaction
of self protection.
Patterned Wound
- Wound in the nature and shape of an object or instrument
causing it.
Self-Inflicted wound
- Self-inflicted wound is a wound produced on oneself.

Motive of Producing Self-Inflicted Wound:

1. To create or deliberately magnify an existing injury or disease for
person or Workman’s compensation;
2. To escape certain obligations or punishment.
3. To create a new identity or destroy the existing one.
4. To gain attention or sympathy.
5. Psychotic behaviour
LEGAL CLASSIFICATION OF PHYSICAL INJURIES
Article 262, Revised Penal Code
1. MUTILATION -is the act of loping or cutting off any part or parts of the living
body.
Kinds of Mutilation
a) Castration- Intentionally depriving a person totally of some of the
essential organs for reproduction.
b) Mayhem- Intentionally depriving a person of any part or parts of the body
other than the organs for reproduction.

2. Serious Physical Injuries: Article 263, Revised Penal Code - any person who
shall wound, beat, or assault another, shall be guilty of the crime of serious
physical injuries. The crime of serious physical injuries may be due to:
a) Wounding
b) Beating
c) Assaulting
d) Administering injurious substances

Administering Injurious Substances or Beverages Article 264, Revised Penal

Code - any person who without intent to kill , shall inflict upon another any
serious physical injury, by knowingly administering to him any injurious
substances or beverages or by taking advantages of his weakness of mind or
credulity.
Elements of the crime:
a. The offender inflicted upon another person any serious physical
injury.
b. The infliction of physical injury was done knowing that the
substance or beverages administered is injurious or took advantage
of the victim’s weakness or credulity; and
c. There was no intent to kill on the part of the offender.

Less Serious Physical Injuries: Article 265, Revised Penal Code - any
person who shall inflict upon another physical injuries not described in the
preceding article, but which shall incapacitate the offended party for labor 10
days or more or shall require medical attendance for the same period, shall be
guilty of less serious physical injuries.

Slight Physical Injuries and Maltreatment: Article 266, Revised Penal Code

Kinds of slight physical injuries

1. Physical injuries which incapacitate the victim for labor from one to nine days
require medical attendance for the same period.
2. Physical injuries which did not prevent the offended party from engaging in his
habitual work or which did not require medical attendance.
3. Ill treatment of another by deed without causing any injury.
 Physical Injuries Inflicted in a Tumultuous Affray: Article 252. Revised
Penal Code Elements of the Crime:
a. There is a tumultuous affray.
b. Participant(s) suffered from serious physical injuries.
c. The person(s) who inflicted such serious physical injuries cannot be
identified. and;
d. All those who appear to have used violence upon the person of the
offended party shall be penalized by arresto from 5 to 15 days.

TYPES OF WOUNDS (MEDICAL CLASSIFICATION)

1.ClOSED WOUND

A. SUPERFICIAL

1. petechiae - this is a circumscribed extravasations of blood in the

subcutaneous tissue or underneath the mucous membrane
2. Contusion – is the effusion of blood into the tissues underneath
the skin on account of the rupture of the blood vessels as a result of the
application of blunt force or violence.
3. Hematoma – is the extravasation or effusion of blood in a newly
form cavity underneath the skin

B. DEEP

1. Musculos- Skeletal Injuries.

a) Sprain
b) Dislocation
c) Fracture
d) Strain
e) Subluxation

2. Internal Haemorrhage
Rupture of blood vessel which may cause haemorrhage ma due to
the ff.
a. Traumatic intracranial haemorrhage.
b. Rupture of parenchymatous organs.
c. Laceration of other body

3. Cerebral Concussion
- is the jarring or stunning of the brain characterized by more or less complete
suspension of its functions, as a result of injury to the head , which leads to
some commotion of the cerebral substance.
 Signs and Symptoms:
a. Unconsciousness which is more or less complete.
b. Muscles are relaxed and flaccid.
c. Eyelids are closed and the conjunctivae are insensitive.
d. Surface of the body is pale, cold and clammy.
e. Respiration is slow, shallow and sighing.
f. Pulse is rapid, weak, faltering and scarcely perceptible to the fingers.
g. Temperature is subnormal.
h. Sphincters are relaxed perhaps with unconscious evacuation of the
bowel and bladder.
i. Reflexes are present but sluggish and in severe cases may be absent.
2. OPEN WOUND

.1. Abrasion- It is an injury characterized by the removal of the superficial

epithelial layer of the skin caused by a rub or friction against a hard rough
surface.
Forms of Abrasion:
a. Linear
b. Multi-Linear
c. Confluent
d. Multiple

Types of Abrasion:
Scratch - this cause by a sharp-pointed object which slides across the skin, a
pain, thorn or fingernail.

Graze – These are usually cause by forcible contact with rough, hard objects
resulting to irregular removal of the skin surface.

Impact or Imprint Abrasion – Those whose pattern and location provides

objective evidence to show cause, nature of the wounding material or
instrument in the manner of assault or death.

1. Marks of the grid of the radiator may be imprinted on the skin.

2. Tire thread marks may be seen on the skin in vehicular accidents.
3. Muzzle imprint in contact fire gunshot wound of entrance.
4. Teeth impression mark in the skin bites.

Pressure or Friction Abrasion – abrasion cause by pressure accompanied

by movement usually observes in hanging or strangulation.

2. Incised wound
-this is produce by a sharp edge (cutting) or sharp linear edge of the
instrument.

Changes that occur in an incised wound:

 After 12 Hours - Edges are swollen; adherent with blood and with leucocyte
infiltration.
After 24 Hours - Proliferation of the vascular endothelium and connective
tissue cells.
After 36-48 hours -Capillary network complete; fibroblasts running at right
angles to the vessels.
After 3-5 days - Vessels show thickening and obliteration.

Incised wounds may be:

a. Suicidal
b. Homicidal
c. Accidental

3. Stab wound
-is produced by the penetration of a sharp-pointed and sharp edged
instrument, like knife, sober, dagger, scissors.

4.Punctured wound
-is the result of a thrust of a sharp pointed instrument.

5. Lacererated wound
-is a tear of the skin and the underlying tissues due to forcible contact with a
blunt instrument. It may be produced by a hit with a piece of wood, iron bar, fist
blow, stone, butt of firearm, or other objects without sharp objects.

Classification of lacerated wound:

a. Splitting caused by crushing of the skin between two hard objects.

b. Overstretching of the skin.
c. Grinding compression
d. Tearing

GAPING OF WOUNDS:
1. Mechanical stretching or dilatation- the presence of a mechanical device
on the edges to prevent coaptation will cause separation.
2. Loss of tissue- Separation of the edges of the wound may b on account of
loss of tissue bridging them. The loss of tissue may be due to:
a. Destruction by pressure, infection, cell lysis, burning or chemical reaction.
b. Avulsion or physical or mechanical stretching resulting to separation of a
portion of the tissue.
c. Trimming of the edges debridment of the skin which com in contact with the
bullet at the gunshot wound of entrance and the removal of necrotic material in an
infected wound may cause separation of the edges.
3. Retraction of the edges- Underneath the skin are dense networks of fibrous
and elastic connective tissue fibers running on the same direction and forming a pattern
 more or less present in all persons.

MEDICO-LEGAL INVESTAGATION OF WOUNDS:

The following rules must always be observed by the physician in the examination
of wounds:
1. All injuries must be described, however small for it may be important later.
2. The description of the wounds must be comprehensive, and if possible a
sketch or photograph must be taken.
3. The examination must not be influence by any other information obtained from
others in making a report or a conclusion.

Outline of the Medico legal Investigation of Physical Injuries:

1.General investigation of the surroundings:
a. Examination of the place where the crime was committed.
b. Examination of the clothing’s, stains, cuts, hair and other foreign bodies that
can be found in the scene of the crime.
c. Investigation of those persons who may be the witnesses to the incident or
those who could give light to the case.
d. Examination of the wounding instrument.
e. Photography, sketching, or accurate description of the scene of the crime for
purposes of preservation.

2.Examination of the Wounded Body:

a. Examination that are Applicable to the living and dead victim:

1. Age of the wound from the degree of healing
2. Determination of the weapon used in the commission of the offense.
3. Reason for the multiplicity of the wound in cases where there are more than
one wound
4.Determination whether the injury is accidental, suicidal homicidal.

b. Examinations that are applicable only to the living:

1. Determination whether the injury is dangerous to life

2. Determination whether the injury will produced permanent deformity.
3. Determination whether the wound (s) produced shock.
4. Determination whether the injury will produce complication as a consequence.

3. Examination of the Wound

The following must be included in the examination of the wound. The report
made in connection with such examination also included in the detail the following
items:
a. Character of the Wound
b. Location of the Wound
c. Depth of the Wound
 d. Condition of the Surroundings
e. Extent of the Wound
f. Direction of the Wound
g. Number of Wounds
h. Condition of the Locality
1. Degree of haemorrhage
2. Evidence for struggle
3. Information as to the position of the body
4. Presence of letter or suicide note
5. Condition of the weapon

Determination whether the wounds were inflicted during life or after death

In the determination whether the wounds were inflicted during life or after death,
the following factors must be taken into consideration:
1. Haemorrhage
2. Signs of Inflammation
3. Signs of repair
4. Retraction of the Edges of the Wound

Length of Time of Survival of the Victim After Infliction of the Wound:

In the approximation of the length of survival of the victim after receipt of
the physical injury, the following factors must be taken in consideration:
1. Degree of healing
2. Changes in the body in relation to the time of death
3. Age of the blood stain
4. Testimony of the witness when the wound is inflicted

Possible Instrument Used by the Assailant in Inflicting Injuries:

1. Contusion - produce by blunt instrument.
2. Incised wound - produced by sharp-edge instrument inflicted by hitting.
3. Lacerated wound - produced by blunt instrument.
4. Punctured wound - produced by sharp-pointed instrument.
5. Abrasion – body surface is rubbed on the rough hard surface.
6. Gunshot wound – the diameter of the wound of entrance may approximate
the caliber of the wounding firearm.

Relative Position of the Victim and Assailant when Injury was Inflicted:

1. Location of the wound in the body of the victim.

2. Direction of the wound.
3. Nature of the instrument used in inflicting the injury.
4. Testimony of the witnesses.

Extrinsic Evidence in Wound:

 1. Evidence from the wounding weapon:
a. Position of the weapon
b. Blood on weapon
c. Hair and other substance in weapon

2. Evidence in the clothing of the victim.

3. Evidence derived from the examination of the assailant.
4. Evidence derived from the scene of the crime.

1 LEARNING ACTIVITIES (ACTIVITY, ANALYSIS, ABSTRACTION, APPLICATION)

Recitation: ( assessment questions for recitation are located below. F.

Assessment/Evaluation)

Other ice breaker or motivation activities: (Write here the details of your other activities
or activities you did before the class starts.)

(5) PHASES OF INVESTIGATION OF HOMICIDE

PHASE I : INVESTIGATION OF HOMICIDE

Is another term for the killing of one person by another. A homicide investigation is the gathering of
evidence in order to determine the perpetrator of the crime. The investigation is conducted to find out
the motive of the killer, the circumstances surrounding the murder as well as the identity of the felon.

INTRODUCTION

The homicide crime scene is, without a doubt, the most important crime scene a police officer or
investigator will be called upon to respond to. Because of the nature of the crime (death by violence or
unnatural causes), the answer to "What has occurred?" can only be determined after a careful and
intelligent examination of the crime scene and after the professional and medical evaluation of the
various bits and pieces of evidence gathered by the criminal investigator. These bits and pieces may be
in the form of trace evidence found at the scene, statements taken from suspects, direct eyewitness
accounts, or autopsy results.

The three basic principles involved in the initiation of an effective homicide investigation are as follows.

1. Rapid response to the homicide crime scene by patrol officers. This is imperative in order to protect
evidentiary materials before they are destroyed, altered, or lost.

2. Anything and everything should be considered as evidence. Whether this evidence is physical or
testimonial, it must be preserved, noted, and brought to the attention of the investigators. The only
evidence collected at this point of the investigation is eyewitness accounts or spontaneous statements
of a suspect at the scene. After the scene is secured, immediate and appropriate notification must be
made to the homicide investigators.

3.The importance of preserving the homicide crime scene and conducting an intelligent examination at
the scene cannot be overemphasized. If a murder case ends in failure or an officer is embarrassed in
court, the primary reason may very well be an inadequate examination of the homicide scene or a
failure to implement good basic crime scene procedures as outlined in this text.

THE HOMICIDE CRIME SCENE

The investigation of homicide usually starts at the point where the body is originally found. This location
is referred to as the primary crime scene. The term primary crime scene characterizes the significance of
this location and the immediate concern of responding police officials to this forensically critical area in
death investigations.

The term primary crime scene is sometimes mistakenly used to describe where the original event may
have occurred based on the dictionary definition of primary as having occurred first in the development
and/or time of an event. For instance, if the person wasn't killed at the location where the body was
found the location might be erroneously referred to as the secondary crime scene. Such an analytical
interpretation might very well be appropriate for some speculative concept in the clinical sense.
However, a more practical strategy is to focus your investigative resources on the location where the
body was found. This is where most of the evidence will be retrieved.

In "Practical Homicide Investigation," we understand that there may be two or more crime scenes in
addition to the location where the body is found. These additional crime scenes may include:

- Where the body was moved from,

- Where the actual assault leading to death took place,

- Where any physical or trace evidence connected with the crime is discovered (this may include parts
of the body),

- A vehicle used to transport the body to and where it is eventually found.

Still other areas related to the primary crime scene include the point of forced entry, the route of
escape, the suspect (clothing, hands, and body), and the suspect's residence.

It is important that responding police officers be aware of this multiple?crime scene possibility.
Therefore, during the initial receipt of information by the police concerning a possible homicide, the
officer should attempt to ascertain the exact location of the situation requiring police investigation and
possible additional locations that may need coverage.

AT THE PRIMARY CRIME SCENE

Any item can and may constitute physical evidence; therefore, it is imperative that nothing be touched
or moved at the scene before the arrival of the investigators. If the need arises that something at the
scene be immediately secured or removed before it is destroyed or lost, the officer handling the
evidence must document its location, appearance, condition, and any other feature that might affect the
investigation. The officer must be sure to inform the homicide detective of the item's original position so
that it does not lose its evidentiary value.

The crime scene, especially in homicide cases, is proof that a crime has been committed. It often
contains many or all of the elements of the corpus delicti, and provides an abundance of physical
evidence that may connect a suspect or suspects to the crime. If you can control the primary crime
scene, you can control the investigation.

Remember, once an item of evidence has been moved or altered it is impossible to restore it to its
original position or condition.

THE HOMICIDE INVESTIGATION STARTS AT THE PRIMARY CRIME SCENE

The reason why the homicide investigation starts at the PRIMARY crime scene is twofold:

1. The police are usually called to this location by the person who discovers the body, a witness to the
crime, or, in some instances, the victim.

2. In homicide cases, the location where the body is discovered yields an abundance of physical
evidence and serves as a base of inquiry.

It is important to repeat that anything and everything may eventually become evidence. The list of items
that may constitute physical and/or testimonial evidence is as extensive as the number, type, and causes
of homicide itself. Whether it is the res gestae utterances of the suspect murderer at the scene or an
important piece of trace evidence, the fact remains that the PRIMARY crime scene is the logical and
proper point to start the murder investigation.

DETERMINING THE DIMENSIONS OF THE HOMICIDE CRIME SCENE

The cardinal rule in homicide cases is to protect and preserve the crime scene. However, before a crime
scene can be protected it must be identified as such. In order for the officer to make an intelligent
evaluation of the crime scene, he or she must have an idea of what constitutes physical evidence and
where the boundaries of the scene should be established in order to protect the evidence. Some
examples of physical evidence, which may be found at the crime scene are listed herein. Although the
list does not include all types of evidence, these are the three types most frequently found at the
homicide crime scene. The patrol officer, who has the duty of responding to the scene as quickly as
possible, begins the investigation by securing the immediate area. Upon confirming that the victim is
dead, an assessment is then made by this officer to determine boundaries.

Technically speaking, the homicide crime scene begins at the point where the suspect changed intent
into action. It continues through the escape route and includes any location where physical or trace
evidence may be located. However, the primary crime scene is always the location where the body is
discovered. Practically speaking, at this stage of the investigation it is next to impossible to know the
exact boundaries of the scene. Even if the body of the victim was "dumped" at this location it is still the
primary focus of the initial investigation. The best course of action for the officer is as follows.

1. Clear the largest area possible. The scene can always be narrowed later.

2. Make a quick and objective evaluation of the scene based on:

a. location of the body,

b. presence of any physical evidence,

c. eyewitness statements,

d. presence of natural boundaries (a room, a house, hallway, an enclosed park, etc.)

3. Keep in mind the possibility of a multiple series of crime scenes.

If the crime scene is indoors, the job of making this determination and securing the area is relatively
easy to accomplish. If the scene is outdoors, the determination will have to be based on the type of
location, pedestrian and vehicular traffic, crowds, paths of entry and exit, weather conditions, and many
other factors peculiar to that specific location.

In any event, the first officer should not examine the contents of the scene. He should, however,
stabilize the scene by isolating the body and immediate area, including any visible evidence, from all
other persons.

PROTECTING THE CRIME SCENE

The homicide crime scene must be protected from entry by unnecessary or unauthorized persons so
that physical evidence will not be altered, moved, destroyed, lost, or contaminated. Other police
officers, including supervisory personnel, who do not have a specific or valid reason for being at the
crime scene, should be regarded as unauthorized persons. Probably no other aspect of homicide
investigation is more open to error than the preservation and protection of the crime scene. The first
official acts taken at the scene will either help to bring the investigation to a successful conclusion or will
negatively affect both the entire investigation and eventual prosecution of the case. Therefore, it is
incumbent upon the first officer arriving at the scene to perform this first and necessary aspect of the
investigation: Safeguard the location as quickly and as effectively as possible. The first police official to
arrive at the crime scene is usually the patrol officer, the agency's primary crime? fighting tool, who is
expected to respond immediately to any incident where there is a report of a crime or an opportunity to
apprehend a criminal. The patrol officer is also the department's representative, responsible for
conducting the preliminary investigation, which begins when the officer arrives at the scene. In homicide
cases, the responding officer's duties in the preliminary investigation may simply be to arrive at the
scene, observe enough to know that assistance from investigators is required, and protect the scene so
that evidence is not destroyed or changed.

THE HOMICIDE CRIME SCENE SIGN-IN SHEET

The Homicide Crime Scene Sign-In Sheet (see example) has proven to be an effective tactic in securing
the preservation of the crime scene. The fundamental objective in this phase of the investigation is to
preserve the body and immediate surrounding area or the primary crime scene exactly as they were
when the body was discovered.

Remember, although the protection of the crime scene is the responsibility of the first officer, all officers
responding to and arriving at the scene have an equal responsibility in this duty. Realistically speaking,
various units and additional personnel respond to homicide crime scenes. The toughest job confronting
the first officers is the effective safeguarding of the primary crime scene from these additional police
officers, emergency services people, and other officials. Obviously, certain personnel must enter the
crime scene in connection with their official duties. The first officers, who are safeguarding the crime
scene, should identify and document the presence of these officials by maintaining a Crime Scene Sign-
In procedure to assure crime scene integrity and prevent unauthorized personnel from engaging in what
I refer to as "crime scene sightseeing." With over 35 years of experience, I have come to realize that, "If
anything can go wrong, it will go wrong at the crime scene."

This is especially true at incidents that receive an inordinate amount of media attention. It seems as if
every official and his/her brother and/or sister feel the need to "show their presence" at the scene. My
solution to this oftentimes-impossible situation is quite simple. I suggest that the officers establish two
crime scenes.

1. The first crime scene or primary crime scene is the location where the body was found, or the area
where you expect to recover physical evidence. This is the real crime scene.

2. The second or secure area crime scene is an area set aside from the general public. This allows for all
those special dignitaries and high-ranking guests who arrive an opportunity to violate at least one police
line in order to establish their importance. It will also serve to keep them within an area where they will
be "out-of-the-way" of actual crime? Scene operations and preclude any further contamination by
official presence. This can be called a "'Security zone."
THE PRELIMINARY INVESTIGATION AT THE PRIMARY CRIME SCENE

When the investigator arrives at the primary scene, the first responsibility is to verify the condition of
the victim and then assure that the primary crime scene is intact. Basically, this action is to reinforce the
First Officer's duty to assure crime scene protection. This is usually accomplished during the preliminary
"walk-through," as the First officer provides all of the information he or she has ascertained since their
arrival and during their crime scene protection phase as discussed earlier. This preliminary "walk-
through" is critical since it furnishes the investigator with a "sense" of the event. Prior to the "walk-
through" the investigator should stop and observe the area as a whole, noting everything possible
before entering the actual crime scene for detailed examination. The purpose of this procedure is to
establish an overview of the surrounding area and allow for recall of similar conditions and/or
circumstances that the investigator has encountered before. It is during this preliminary phase that the
investigator is able to evaluate both the scene and surrounding area to establish;

- Consistencies and inconsistencies, which are crucial to the direction of the investigation.
- Additional areas, which may require protection.
- The presence of any fragile evidence, which may require immediate collection.
- "Chain of Custody" of any evidence retrieved during the scene protection phase.

Probably, the most important aspect of the primary crime scene is that of the "presentation." The
condition, location, and position of the body in relation to the actual crime scene usually provides the
experienced homicide detective with crucial information about the event which allows for early
investigative hypotheses and assists in validating consistency or confirming inconsistency. Was the
person killed here? Or, was the body dumped here?

This is especially important in equivocal death investigations, which are open to interpretation. There
may be two or more meanings and the case may present as either a homicide or a suicide depending
upon the circumstances. The facts are purposefully vague or misleading as in the case of a "staged crime
scene" or, the death is suspicious or questionable based upon what is presented to the authorities. The
deaths may resemble homicides or suicides; accidents or naturals. They are open to interpretation
pending further information of the facts, the victimology and the circumstances of the event. In "staged
crime scenes," however, the presentation of the homicide victim and the manipulation of the crime
scene by a clever offender could make the death appear to be a suicide. I have personally investigated
many such cases and the truth of the matter is that initially the cases did look like suicides. That is why it
is so important to maintain the original crime scene intact.

PHASE III ; GENERAL CONSIDERATION

There are different types of assessment tools which can be used for conducting the situational analyses.
They can be used on their own or together depending on the type of information that needs to be
gathered.

Prioritize safety

Maintain confidentiality

Get informed consent

Word questions carefully

Ensure participation

Prepare referral information

Listen sensitively

Avoid re-traumatizing

Be prepared for emergency intervention

Keep data confidential

Use information ethically

PHASE IV- ESTIMATING TIME OF DEATH

A BRIEF OVERVIEW OF HOW TO DETERMINE TIME OF DEATH

The body always tells a story, especially when the heart stops beating. There’s a generally predictable
process of shutting down, cooling off, and decaying, which can be used to approximate when death took
place—whether it’s hours, days, or years. In some cases, a basic assessment of a body may be required
at a scene, and other times it must be taken to a lab for more detailed forensic analysis. Experience and
training can help provide guidance on what is observed in these scenes. While traditional methods of
observation still have their place, there are also newer methods that help provide a better picture of the
chronology. Since there’s still scientific debate on the most accurate methods, doing a variety of
measurements can present a more comprehensive picture. This includes:

 Body temperature – A living human has an average temperature of 98.6 degrees F. When
circulation ceases, it begins to cool, on average of 1-2 degrees every hour, until it reaches a
room’s ambient temperature. Items in a patient’s bloodstream can affect this, such as alcohol. A
special thermometer in the chest cavity can provide this figure.
 Degree of rigor mortis – As a body stops working, muscles begin to stiffen and contract,
sometimes within 15 minutes of death. The body is typically at a full rigor situation about 15
hours after death.
  Degree of decomposition – This isn’t necessary an indicator in more recent deaths, but older
deaths may require observation and comparisons of the condition of skin, bones, and organs.
 Contents of stomach/digestive system – The state of digestion of someone’s last meal can give
investigators an idea of the last time they ate, what it was, and how far it moved through the
intestines.
 Eye condition – Immediately after death, pupils become relaxed and dilated and don’t react to
light. But over time, they contract and any optic fluid will begin to dry. Irises may also change
shape.
 Skin condition – With no blood flowing, skin becomes white and less elastic. Lips may also
become dry. In drowning situations or bodies submerged in water, the skin may dissolve at a
certain predictable rate.
 Blood pooling – Because blood no longer flows, it may pool inside areas of a body, especially if
the body is at an unusual position. So signs of pooling may indicate recent death.
 Oral conditions – A relatively new subfield of forensic research looks at the state and quantity of
bacterial microbes in the mouth to estimate time of death. Different microorganisms may
become more active if a person when a person is no longer walking, talking, eating, or brushing,
especially if a body is decomposing.
 State of trauma – Fresh blood from an obvious wound can indicate recent death, while the
condition of dried blood shows trauma happened at a certain time in the past. But beyond this
basic observation, it can get legally tricky to look at some wounds for a time reference. Bite
marks, for example, used to be used as evidence connecting to a suspect. This process has been
placed in doubt due to how skin changes after death and how difficult it is to establish that it’s a
certain bite pattern or even human.
 Insect activity – Another developing investigational field is forensic entomology, where the
types, amounts, and ages of different types of bugs around or inside a body can give an
indication of how long it has been in that particular place. The presence or condition of certain
insects can also help investigators determine if a body may have died in one place and was
moved to another one.

PHASE V – Death due to asphyxias and poisoning

Asphyxia" is a term derived from Greek that literally translates as "stopping of the pulse." This term
refers to a multi-etiologic set of conditions in which there is inadequate delivery, uptake and/or
utilization of oxygen by the body’s tissues/cells, often accompanied by carbon dioxide retention.
Asphyxia falls into four categories including compression of the neck, as in hanging and strangling;
obstruction of the airway, as in smothering, aspiration of foreign material, and swelling of lining
membranes compression of the chest with sufficient force to prevent respiratory movements; and
exclusion of oxygen by another gas or chemical substances, as in carbon dioxide poisoning, carbon
monoxide poisoning, and cyanide poisoning. Death by hanging usually results from arrest of the arterial
blood supply to the brain or obstruction of the venous return from it.
INVESTIGATION OF DEATH DUE TO GUNSHOT AND MEDICO-LEGAL ASPECT OF
GUNSHOT WOUNDS
Gunshot wounds are a public health concern all around the world. The forensic pathologist
is often required to identify gunshot wounds, the direction and the distance of fire, the
manner of injury - suicidal, homicidal, or accidental, and determine the nature and type of
firearm. This activity will provide an overview of gunshot wound evaluation and
assessment, leading to improved patient care and outcomes.

Objectives:
• Outline the pathophysiology of gunshot wounds.
Review the epidemiology of gunshot wounds and their burden on the health
industry.
Summarize the systematic examination of gunshot wounds to effectively assist law
enforcement.
Identify appropriate investigations for the criminal investigation of gunshot
wounds.
• Gunshot wounds are complex, violent, traumatic injuries commonly encountered in
forensic practice. These injuries are caused by penetration of the body with
projectiles ejected from a barrel due to the ignition of gunpowder. The study of
these injuries is also called wound ballistics.[1] In addition to the injury and the
projectile, forensic pathologists must have a working knowledge of the flame, gases,
smoke, unburnt powder, metal scrapings, and grease from the barrel that
accompanies the projectile and could become embedded in the surrounding skin or
the injury tract.
• The injuries caused by the projectile can affect the permanent cavity, the damaged
tissues along the path followed by the projectile, as well as the temporary cavity, the
tissue surrounding the permanent cavity that is subject to temporary forces
including radial acceleration, shear, stretch, and compression. While the forces
causing the temporary cavity act for a brief period, the results could be
longstanding.
• The Forensic Pathologists examining a gunshot wound should document the type,
size, shape, site, and location like in any other injury. Also, they are required to
investigate and deliberate the cause and manner of the injury, the entry and exit
characteristics, distance and direction of fire, and the vitality of the wound. Gunshot
injuries may result in death due to hemorrhage, organ damage, and wound infection.
This information can be extremely important in determining the manner of injury,
especially in fatal wounds, to assist medico-legal and criminal investigation on
whether the injury was suicidal or homicidal.
• It is also essential to identify the path taken by the projectile to help determine the
prognosis, workup, and treatment of gunshot wounds.
 • While the examination of a recent gunshot wound to exposed parts of the body is
often straightforward, the appearance of the wound may be affected by putrefaction,
charring, presence of multiple projectiles, overlaying of the injury by clothing as
well as by injuries sustained by ricochet or fragmentation of the projectile(s) or
bones.
• Forensic pathologists are also required to retrieve the projectile during the autopsy
to assist in identifying the weapon used. The projectiles in rifled firearms have
unique markings that result from the spiraling (rifling) present in the muzzle and
can be divided into class characteristics that can identify the type of firearm used.
The projectiles also demonstrate individual characteristics unique to individual
firearms and can be replicated and compared with projectiles recovered from
controlled firing to identify the exact weapon used.
• Certain application of science to the Medico-Legal Investigation of gunshot wounds
are discussed. The uses of infra-red, photography, X-ray, and chemical tests in the
postmortem examination of gunshot victims are illustrated.

FIREARM WOUNDS

A gunshot wound (GSW) is a penetrating injury caused by a projectile (e.g. a bullet) from a
gun (typically firearm or air gun). Damages may include bleeding, bone fractures, organ
damage, wound infection, loss of the ability to move part of the body and, in more severe
cases, death

Nonpenetrating- grazing or blast wound

Penetrating- Low impact velocity, bullet does not exit

Perforating- High velocity, bullet in And out
Avulsive- massive wounds with Avulsion and loss of tissues

Entrance and Exit wounds

Entrance wound:
One of the most important attributes of an Entrance Wound is defect “minus-tissue”. It is
result of penetrative action of a bullet. At attempt to pull together edges of a wound
between fingers it is formed pleats on the skin.

Entrance wound are classified on the distance of the muzzle of a firearm from
the body:
• contact shot,
• close shot
• near shot
• distant (long) shot.

Contact Shot
The discharge from the muzzle, i.e., gases, flame, powder, smoke and metallic particles are
blown into the track taken by the bullet through the body. The wound is large, round,
stellate, cruciate or oval, and shows cavitation due to the expansion of the liberated gases
in the skin and tissues, which show laceration.

Close Shot:
This term is applied when the victim is within the range of the flame, i.e. up to 5-8 cm. The
term 'point blank’ is used when the range is very close to or in contact with the surface of
the skin. The entrance wound is circular with inverte edges and is surrounded by
blackened, tattooed
and burnt area.

Near Shot:
This term is applied when the victim is within the range of powder blast and outside the
range of flame, i.e., 60 to 100 cm. If the discharge occurs at a distance of about fifteen cm.,
the lacerating and burning effects of the gases are usually lost due to the dispersion cooling
of the gases before they reach the skin. The entrance wound is seen as a round hole about
the size of the bullet with a bruised margin, and a zone of blackening and tattooing.

Distant Shot:
The entrance wound is smaller than the bullet due to the elasticity of the skin, round, and
marginsare inverted. There is no burning, no blackening and no tattooing.The skin adjacent
to the hole shows two zones, the inner of grease collar arid the outer of abraded collar.

Exit wounds:
may vary considerably in size and shape. They may be stellate, cruciate, elliptical,
crescentshaped, or appear as linear lacerations or even incised wounds. The edges of the
exit wound may be puckered or torn and everted, and broken pieces of contused,
haemorrhagic subcutaneous fat may protrude through the defect. The edges are free from
signs of burning, blackening or tattooing and there is no contusion or abrasion collar.
The variation in the shape, and large size of the exit wound are due to:
• The bullet tumbles in the body and fails to exit nose-end first.
• The bullet is deformed.
• The bullet breaks up in the tissues and exits as several pieces.
• Fragments of the bone may be blown out of the body with the bullet.

The ODD and EVEN RULE: In gunshot wounds, states that “ if the number of gunshot
wounds of entrance and exit found in the body is even, the presumption is that no bullet is
lodged in the body. If the number of gunshot wounds of entrance and exit is odd, the
presumption is that one or more bullets have been lodged in the body.”

DISTINGUISH ENTRANCE WOUND TO EXIT WOUNDS

EVALUATE INTANCE WHEN THE SIZE OF THE WOUNDS OF ENTRANCE DO NOT

APPROXIMATE THE CALIBER OF THE FIREARM

Evidence that GSW is homicidal, accidental, or suicidal

EVIDENCE THAT GSW IS HOMICIDAL

1. No point of election;
2. Usually some distance;
3. Defense wounds;
4. Disturbance of surroundings;
5. Firearm not found;
6. Testimony of witness.
 EVIDENCE THAT GSW IS ACCIDENTAL
1. One shot;
2. No special area of the body;
3. Testimony of assailant in relation to the relative position of both;
4. Testimony of witness.

People are often injured or killed by a firearm that was discharged accidentally or
unintentionally. Unintentional firearm discharge can occur when the gun is handled
improperly (by a child or other person unschooled in firearm safety, etc.), when a loaded
firearm is transported in a vehicle such as a car or truck, or any number of other
scenarios.

Other causes of firearm accidents include:

 Improper maintenance: this can lead to obstruction due to build up of debris in
the barrel, which in turn can cause it to rupture when the gun is fired.
 Shooting at a hard surface: this can cause the bullet or surface fragments to
ricochet and injure the gun user or innocent bystanders.
 Improper ammunition use: this includes using the wrong caliber or size, as well
as using reloaded or remanufactured ammunition.
 Shooting while intoxicated: impaired judgment can lead to improper use of a
firearm.

There are also risks associated with firing a gun that do not involve firearm accidents
per se. For example, firing a gun in unventilated areas increases the risk of lead
exposure, which leads to birth defects and other types of toxic injury.

EVIDENCE THAT GSW IS SUICIDAL

1. In a closed locked room;
2. Death weapon is almost always found near the victim. (cardavic spasm);
3. Muzzle in contact with the part of the body;
4. Entry accessible to the wounding hand;
5. Usually solitary;
6. Compatible trajectory;
7. Personal history;
 8. Presence of gunpowder in the hands;
9. Entrance wounds do not usually involve in clothing’s;
10. Fingerprints on the butt;
11. Suicide notes; and
12. No disturbance of the place of death.

Isolated firearm deaths are usually self-inflicted. The determination of suicide is

supported not only by the presence of a close-range wound but also by the scene and
historical information. A complete external examination of the victim may also reveal
evidence of self-intent on the hand(s), i.e., blood spatter and soot deposition. The head
is the most common site for self-inflicted firearm wounds. Usually, multiple firearm
wounds arouse suspicion of homicide. In the case of multiple firearms, the wound
tracks, relative lethality, and incapacitation needs to be assessed to determine the
manner of death.
Topic 2: Shotgun Wounds
SHOTGUN
 Shoulder fired
 Smooth barrel
 One or more round balls or pellets

CLASSES OF SHOTS
 Bird shot- 0.05 to 0.15 “diameter, from 200 to 400 shots
 Buckshot- 0.24 to 0.33 “in diameter, fewer shots. 12- gauge- 9 shots
 Single projectile- single shot or slug

LETHAL RANGE- an area 35 to 40 “ in diameter at 30 to 40 yards.

TOPIC 3: Test for the presence of powder residues and primer components
DETERMINATION OF THE PRESENCE OF GUNPOWDER COMPONENTS AND
PRIMER COMPONENTS
Importance of determining the Gunpowder on the skin of the Victim:
1. Determination of the distance of the gun muzzle from the victim's body when
fired:
 distribution of the gun powder is more at the upper portion of the wound of
entrance, due to the upward position of the gun muzzle when fired.
  presence of gunpowder at or near the wound of entrance shows that the gun
muzzle when fired is not more than 24 inches
 absence will not prelude near fire
 less powder particles at the wound of entrance is observed in smokeless powder
as compared with black powder.

2. Determining whether a person has fired a firearm

 dorsum of the hands are examined to determine the presence of gunpowder

BASIS OF THE TESTS

 two types of residues are liberated when gun is discharged
- metallic residues- from the primer which is not only blown
forward towards the target from the muzzle but also
backward in the direction of the shooter
- particles of burned, burning and unburned (propellant) – also in the same
direction as the metallic residue

Procedures in Determining the Presence of Gunpowder

1. Gross Examination or Examination with the Use of Hand Lens:
 Fine black powder particles of varying sizes may be seen at the region of the
wound entrance on the dorsum of the hands or at the outer surface of the
wearing apparel of the victim.
 not conclusive

2. Microscopic Examination
a) Laboratory Test to Determine Firearm Residues
there is inference of contact or near distance of the gun muzzle to the skin when there is
burning, tattooing and smudging visible, through the naked eye.
 burning and then tattooing will gradually disappear as the muzzle distance
increases.
 powder tattooing will gradually spread out to a greater area until no longer
detectible.
 minute particles of burning and unburned residues and primer constituents can
be detected in the laboratory.
 same test may also be applied on the dorsum of the hand of the person who may
have fired the gun
 test is not conclusive
  test may involve the determination of the presence of gunpowder residues of
primer components

Tests for the Presence of Powder Residues

1. On the Skin (Dorsum of the Hand or Site of the Wound of Entrance)
a) Dermal Nitrate Paraffin test, Diphenylamine test,Lung's Test or
Gonzales Test
- back of the fingers and of the hand up to the region of the wrist is coated
with paraffin, heated at temp of 150 degrees fahrenheit.
- when hardened and cooled off, some of the powder particles will be
extracted and embedded in the paraffin cast.
- cast will solidify after which it is removed from the hand or site of wound
entrance, inner aspect of cast is treated with Lung's reagent, and will
indicate a blue reaction of the minute particles that may contain nitrate or
nitrite.
- test is not conclusive - negative result is also non conclusive
- test will also give positive result even after three days or even hand has
been subjected to ordinary washing - subjection of a suspect to the test is
not self-incriminatory as act is purely mechanical and does not require use
of mental, faculties
2.On Clothings (esp Colored Ones)
Walker's Test (C acid, H acid test) - uses glossy photographic paper

Tests for the Presence of Primer Components

1. Harrison and Gilroy Test - cloth is treated with reagents to detect the
presence of a primer component
- reagent sodium rhodinate yields red if lead and
barium are present
- blue-violet will appear when an additional of 1.5
hydrochloric acid is added to the red area if lead is
present
- bright pink if barium is present
2. Neutron Activation Analysis (NAA)
 -sample is obtained from the hands by the use of
paraffin or by washing the hand with dilute
 presence of gunpowder at or near the wound of entrance shows that the gun
muzzle when fired is not more than 24 inches
 absence will not prelude near fire
 less powder particles at the wound of entrance is observed in
 smokeless powder as compared with black powder.

2. Determining whether a person has fired a firearm

 dorsum of the hands are examined to determine the presence of gunpowder

BASIS OF THE TESTS

 two types of residues are liberated when gun is discharged

- metallic residues - from the primer which is not only blown forward
towards the target from the muzzle but also backward in the direction of
the shooter
- particles of burned, burning and unburned (propellant) – also
in the same direction as the metallic residue

Maintaining the chain of evidence is crucial.

Rape is defined as sexual intercourse against a person’s will by force or threat of force.
Forcible rape – the term used to classify rape from other sexual crimes – is the only sex
offense that is an index crime in the Federal Bureau Reports (UCR). (The FBI’s Uniform
Crime Reporting Program collects offense information for eight crime classifications:
murder and non-negligent manslaughter, forcible rape, robbery, aggravated assault,
burglary, larceny-theft, motor vehicle theft and arson.) Many consider forcible rape the
most serious crime a person can commit after murder.
Due to the significant physical and psychological impact to the victim and prevailing social
attitudes toward rape crimes, establishing a criminal act has in fact occurred (“corpus
delicti” is more complex than in other cases. Investigators must establish that the required
elements of a rape crime can be proven under the court standard of not just probable
cause, but beyond a reasonable doubt. The entire case may hinge on whether consent was
present or forensic evidence links a suspect to the crime.

SCOPE OF THE CRIME – WHY RAPE OFTEN GOES UNREPORTED

In Criminal investigation (McGraw Hill, 2006), the authors cite a series of studies indicating
why women do not report being raped:

 Worries of unsympathetic treatment from police and discomforting procedures;

 Lack of belief in the police’s ability to apprehend the suspect;
 Fear of further victimization by court proceedings (a result of television programs
or newspaper reports);
 Embarrassment about publicity, however limited; and
 Fear of reprisal by the rapist.

Other textbooks on criminal investigation posit insensitive treatment by law enforcement

personnel is the primary cause rape is not reported.

TYPES OF RAPE

There are several types of rape. rape is a violent crime involving sexual acts forced on one
person by another. rape is technically defined as forced penetration (with any body part or
object) including anal, vaginal or oral intercourse. rape is illegal and while the term "rape"
specifies penetration, other sexual acts not involving penetration, when forced on someone,
are also illegal.

the forms of rape may be specified based on who is committing the rape, who the rape
victim is and the specific actions involved in the rape. some types of rape are considered
much more severe than others. for example, any type of rape resulting in someone's death
is punishable by death in the united states.

DIMINISHED CAPACITY RAPE

the type of rape known as diminished capacity rape is committed when one person forces
sexual penetration on another person who cannot consent to the sex act. people with
diminished capacity can't consent to sexual acts due to limited physical or intellectual
ability. an example would be a person with an intellectual disability.

diminished capacity rape also takes place when a person has no ability to consent to sexual
acts due to intoxication.1

AGE-RELATED RAPE

another form of rape is age-related. this type of rape is often known as statutory rape as
specified both in federal and state law. in this case, sexual actions with a person below a
minimum age is considered illegal in all cases. often this age is 12. there is often another
age, known as the age of consent. sexual acts with a person above the minimum age but
below the age of consent may be considered rape depending on the perpetrator. specific
ages are specified by state.

INCEST
incest is a type of rape dictated by the relationship between the two parties. when the two
parties involved in the sex act are closely related (in other words, they are family), it is
often rape. examples of incest include:2

 parents and children

 uncles and nieces or nephews
 aunts and nieces or nephews

laws vary by state as to specifically what constitutes incest.

 family members account for 7% of rapists

PARTNER RAPE

partner rape, also known as spousal rape or marital rape, is a type of rape involving a
person's partner or previous partner (no matter whether the partners are married). there
are three types of partner rape:

 battering rape – involving both physical and sexual violence

 force-only rape – involving the imposition of power and control over another
 obsessive/sadistic rape – involving torture and perverse sexual acts

ACQUAINTANCE RAPE

this type of rape happens between two people that know each other. often acquaintance
rape is known as "date rape" as the two people involved may be in a social relationship at
the time. some victims don't recognize acquaintance rape as rape but it's important to
remember that consent for sexual activity can be revoked at any time and a prior
relationship does not mean that rape cannot occur.

 two-out-of-three sexual assaults are committed by someone the victim knows

AGGRAVATED RAPE

aggravated rape is a type of rape defined in the law. aggravated rape involves:

 forced sex acts by the threat of death or serious bodily injury

 forced sex acts involving an unconscious or drugged victim
 sex acts with children under the age of 12

OTHER TYPES OF RAPE

rape can occur in many other ways as well, including by strangers or in conjunction with a
hate crime. however, it's critical to remember that whatever form of rape occurs, it is
always the fault of the rapist and never the fault of the victim.
FIRST CONTACT

From a law enforcement perspective, we want to quickly arrest the perpetrator using
investigative techniques that ensure a conviction and a process that causes the least
amount of psychological trauma to the victim. More likely than not, this will begin with a
call from the victim to police headquarters. How civilian-police dispatch or other
communications personnel handle this initial contact proves critical. Depending on the
variables presented in the initial contact, police administrators should ensure personnel do
the following:

1. Ask the victim whether she has sustained serious physical injury and needs
immediate medical assistance. If so, dispatch an ambulance;
2. Ask the victim if she can identify or describe the suspect. Follow protocol relative to
providing this information to patrol units;
3. Immediately dispatch a patrol unit to the scene;
4. Tell the victim to wait for the police to arrive if she is in a safe location;
5. Instruct the victim not to alter her physical appearance or touch anything on scene;
and
6. Advise the victim not to was or douche before she undergoes a medical examination.

The natural instinct of rape victims is to wash, douche, change clothing and use other self-
help mechanisms. First-contact personnel should do everything possible to ensure the
victim does not do this. In addition to the location where the rape actually took place (or in
the case of an abduction, the point of contact and release), the victim is the crime scene.
Although most forcible rape cases are legitimate and investigators should proceed under
that assumption, investigators do have a responsibility to those falsely accused. We can
best fulfill this responsibility by conducting a thorough investigation. Unlike many other
crimes, convictions in rape cases may require corroborative evidence in addition to the
victim’s testimony in court. This makes the proper gathering and documentation of
physical evidence absolutely essential.

FIRST RESPONDER DUTIES

As with any other violent crime, the first officer on scene must ensure the victim receives
medical attention. Paramedics must bring the victim to a hospital for medical care and a
physical examination to establish the crime of rape or sexual assault. Investigators will take
the victim’s garments as evidence, so officers should bring a change of clothes for the victim
to the hospital whenever possible. The time to plan for this is early in the interaction. Many
victims will have an advocate or friend with them to call on their behalf. Give this person
the assignment of getting a change of clothing for the victim. Maintaining the chain of
evidence is crucial, and a police officer, preferably a female officer, should accompany the
victim in the ambulance.

In addition to following normal procedures in protecting primary and secondary crime

scenes, one of the first responders should conduct a preliminary interview with the victim
in private to determine if she knows or can identify the person who raped her. The officer
should obtain a physical description of the rapist and ask the victim to explain what
happened. The investigator, a rape counselor, or another care provider will conduct a
detailed follow-up interview in a setting most comfortable to the victim.

GOALS FOR SEARCHING THE CRIME SCENE

The crime scene encompasses all areas in which people connected with a crime were
located shortly before and after the crime. Both the perpetrator and victim moved through
physical locations in order for crime to be committed, while the crime was committed and
after the crime was committed. In searching a crime scene, we operate under the premise
that whenever human beings interact with any inanimate or animate object, something is
either taken away or left behind. The objectives of the search of a crime scene in a forcible
rape case are the same as in any other major case:

1. Reconstruct what happened and establish that a crime occurred;

2. Identify, document and collect evidence of what occurred;
3. Link the victim and the suspect to the scene of the crime;
4. Identify and locate any witnesses; and
5. Identify and apprehend the person(s) who committed the crime.

EVIDENCE IDENTIFICATION & COLLECTION

On-scene physical evidence is anything tangible that can establish a crime was committed
or link the crime and the victim and/or the perpetrator and the victim. However, collection
of physical evidence requires an investigator to first recognize such evidence. Further, the
value of evidence is limited in court unless investigators take care to properly collect,
preserve and analyze it.

Although many departments employ specialized personnel to process crime scenes, all
police officers should possess a thorough knowledge of their crime laboratory's forensic
capabilities and understand the importance of securing and collecting evidence.

A rape there are two crime scenes: the location where the rape took place and the rape
victim's physical person, including the clothing worn by the victim and the perpetrator.

Studies indicate up to 80 percent of rapes occur indoors, and the majority of cases involve
some type of relationship between the victim and perpetrator. Unless it's a stranger-to-
stranger rape case, the perpetrator often claims intercourse was consensual, and without
any associative evidence to the contrary, the victim's word is pitted against the
perpetrator's claims. So, investigators should photograph and videotape any sign of a
struggle at the scene, such as broken furniture or other objects and items in disarray.
Further evidence of a struggle includes injury to the victim; these photographs are
normally taken at the hospital.
Preserve the bedding, or any other object on which the rape took place, and send it to the
crime lab for analysis. The contact between the victim and the perpetrator may have
resulted in the transfer of physical evidence in the form of semen, blood, hairs, skin fibers
or other trace evidence, which will prove vital in identifying the assailant and/or
prosecuting the case.

Properly collect all such evidence, including the clothing and undergarments worn by the
victim. Evidence technicians use oblique and ultraviolet light to help spot hair and fibers,
and blue light to assist in detecting semen.

One discrepancy between books on forensic science and real-life investigations is the
suggestion the victim should be asked to disrobe over a clean cloth or bed sheet so any
fibers or loose pubic hairs from the perpetrator can be properly collected. In an ideal
world, this would be the perfect way to collect this type of evidence.

Whether the victim is suffering from shock, lying in a fetal ball or is otherwise injured from
her attacker, our first responsibility is to provide the victim with medical attention at a
hospital. Even if the victim were able to disrobe at the scene, this must be conducted by a
female police officer. Since female officers make up only about 12 percent of police forces
nationally, a female officer may not be readily available to provide this type of evidence
collection.

In the majority of cases, a search of the victim's clothing for crime evidence is done at the
hospital. This is often a better setting in which to ask the victim to disrobe, take
photographs of any injuries to her body and place each article of clothing in a separate
container for later lab analysis. The chain of custody of evidence is vital, so a police officer
must accompany the victim to the hospital, meaning an officer must ride in the ambulance
with the victim.

THE MEDICAL EXAMINATION

As I stated earlier, investigators must photograph any physical injury to the victim, such as
bruises and bleeding. Biological evidence, such as semen, may indicate sexual intercourse
did take place, but that does not establish a prima facie case of rape. Injury to the victim is
corroborative evidence of violence and is especially useful in cases where the suspect
claims consensual sex.

DEOXYRIBONUCLEIC ACID (DNA)

The discovery of DNA has revolutionized criminal investigation. An individual's identity

can be obtained from sweat, skin, blood, tissue, hair, semen, mucus, saliva and almost any
biological sample. The evidence collected at the crime scene and during the medical
examination of the victim is crucial to obtaining DNA evidence that may identify the
perpetrator. If there is a suspect in the case, there are several ways to obtain a DNA sample,
including voluntarily, surreptitiously and under court order as a result of a search warrant.
I prefer obtaining a search warrant, because even a signed authorization from the suspect
proving "knowing and intelligent consent" or a "legal" search through a person's trash for a
discarded napkin containing saliva is fraught with legal challenges.

 Voluntary Submission
People can't be forced to provide a DNA sample. Investigators must obtain a signed
and witnessed authorization form from the suspect. The form contains language
similar to the Miranda rights waiver, and includes consent to an oral swab and/or a
blood sample for the purposes of DNA testing. Instructing a suspect to swab his
inside cheek is a simple procedure any police officer can conduct.
 Surreptitious Obtainment
Because DNA can be obtained from biological material, anything containing saliva,
mucus, skin, etc. may be used to obtain an individual's DNA typing. The key is the
suspect must have discarded an item, such as a cigarette butt, in a public place to
which the police have legal access. A soda can, food or napkins may contain skin
cells or saliva from inside the suspect's mouth, which could result in a DNA typing,
linking the suspect to the rape.
 Search Warrant

Because search warrants must specifically declare the evidence sought,

investigators must list any objects or samples from which a DNA analysis can be
obtained. This might include the suspect's clothing and anything that might contain
blood or semen stains. Clothing worn by the suspect must be legally obtained. If the
suspect is under arrest, investigators could theoretically seize the clothing without a
warrant. However, as I mentioned earlier, a search and seizure warrant is the
preferred method of obtaining DNA evidence because the likelihood of such
evidence being admitted in court is substantially greater than when the suspect
voluntarily submits evidence or when it's obtained in a surreptitious manner or as
part of a search incidental to arrest.

THE COMBINED DNA INDEX SYSTEM (CODIS)

In cases where the rapist is not known to the victim, investigators can submit DNA typing
of biological material recovered from the crime scene to the Federal Bureau of
Investigation's database of DNA profiles from convicted offenders, unsolved crime scenes
and missing persons. All states mandate the collection of DNA samples of convicted rapists,
a tool that allows crime laboratories to electronically compare DNA profiles from those
developed in the investigation to a national database. This is yet another example of how
science and technology are merging to dramatically change criminal investigation from an
art into a science.

THE MEDICAL EXAMINATION: COLLECTION OF PHYSICAL EVIDENCE

The following types of physical evidence should be collected during the medical
examination for laboratory analysis:

Hair (both pubic and head hair)

  Cannot individually identify a person unless the root is present;
 Does provide strong collaborative evidence individual was at the crime scene;
 Can be distinguished between human and animal;
 May be able to determine race; and
 May be able to establish the part of the body from which the hair came.

Fibers

 Limited value due to mass production of clothing; and

 In rare cases, can be used to deduce individual identification with a high degree of
certainty.

Blood

 Can be distinguished as to human or animal; and

 DNA analysis can provide individual identification.

Fingernail scrapings

 Used to collect DNA evidence for individual analysis and identification.

Vaginal, rectal and oral swabs and smear

 Used to collect DNA evidence for individual analysis and identification.

17 Medico-legal aspect of Sex crime

INTRODUCTION
Medico-legal evidence is collected from a victim’s body to corroborate her account
of a sexual assault for a court of law. In any legal action pursued about this, this evidence is
typically used to aid the investigation and prosecution of the accused. In this regard, the
objective of forensic evidence is to prove or exclude a physical connection between
individuals and objects or places. More specifically, the medico-legal evidence taken from a
sexually assaulted woman may be used in determining the occurrence of recent sexual
identifying the assailant, establishing the use of or resistance, and indicating an inability to
consent due to the influence of alcohol and drugs or an otherwise diminished mental
capacity.

TARGET LEARNING OUTCOMES

At the end of the learning period, the students must be able to:
1) familiarize with the different methods of determining individuality of a person;
2) discuss the importance, rules and methods of identification; and
 3) identify an individual using ordinary and scientific method of identification.

A. LEARNING MANAGEMENT TOOLS

1) Google Meet
2) Google Classroom
3) Facebook messenger
4) Smart Phones
5) Laptop/Computer
6) Reference materials

B. Learning Content, Discussions, and Illustrations

Major topic 1: Medico-Legal Aspect of Sex Crime

Criminologial Characteristics of Sex Crime
1. one of the ancient and universal crimes
2. close physical contact between the offender and the victim
3. crime committed by one sex against the opposite sex
4. Sex is an inborn instinct. Satisfaction of the sexual instinct is acceptable by moral
standard. What is punishable is the anti-social means of attaining sexual gratification.
5. Except rape and forcible abduction, most of the sex crimes do not belong to
conventional crimes. Considering other sex acts as crime depends on the moral value
existing in a society. Seduction and consented abduction are considered as crimes in the
Philippines but not in other countries.
6. Many sex crimes are committed but not reported; if reported not investigated; if
investigated, not prosecuted. Undue publicity may be prejudicial to the reputation of
the victim.
7. It is a crime committed in strict privacy. If committed in public the offender must be a
mental deviate.
8. Although it is more frequent among the lower socio-economic class, those who belong
to the middle and upper classes are not immune in the commission of the crime.
9. Unlike other crimes, pardon, forgiveness or marriage between the offender and the
victim will extinguish the criminal liability of the offender.
10. There is a seasonal variation in the frequency of commission. (e.g. May - more cases of
sex offenses because of Mayflower festivals, fiestas, picnics, excursions, etc.)
11. The severity of punishment does not deter its commission.
12. Its occasional consequence (pregnancy) becomes a legal problem. (e.g. support,
abortion, legitimacy, unwanted child, inability to find a means of livelihood, etc.)
13. If the offender is of past middle age, usually the victims are children.
 primary reason: old men will be ignored by elderly women - focus their attention on
children who can easily be enticed by candies or other things of value.
 14. The psychic trauma suffered by victims of sex crimes varies with the moral standard of
the victim. - "Maria Clara" type: may inflict fatal or serious injuries on the offender
 Some may feel worthlessness - self-destruction, others become mentally deranged
 Others may have a strong belief in the machinery of justice and file the complaint, but a
great number of those who seek justice later become amenable to an amicable
settlement.
 Other victims suffer from fear of unfavorable consequence, like pregnancy, social
degradation and maltreatment by parents and other relatives.

CAN A WOMAN BE RAPED WHILE SHE IS ON HER NATURAL SLEEP?

Occasionally, it may happen, but highly improbable. To a normal virgin it is hard to conceive
that such act could ever be committed without her knowledge, in as much as she has never
experienced it. But, such act may be possible to a woman who has had several sexual
intercourses and to those who have given birth.
CAN RAPE CAUSE DEATH?
Although it may not be usual, the introduction of a matured male sex organ into the vagina of a
young girl may produce local injury sufficient to produce death. The death may be due to
hemorrhage brought about by the laceration of the vaginal canal, shock, subsequent infection
such as gangrene or peritonitis.

Laceration of the vagina with accompanying hemorrhage can also occur even in adult women if
the man's sex organ is exceptionally big, especially when the sexual act was done roughly.
CAN THE HUSBAND COMMIT THE CRIME OF RAPE ON HIS WIFE?
The husband cannot be guilty of rape committed on his wife. Marriage is a license of the
husband to have sexual intercourse with his wife. The purpose of marriage is procreation and
there can be no procreation if there is no sexual intercourse.
However, if there is a decree of legal separation by the court, the husband may be guilty of rape
on his wife. Legal separation does not dissolve the matrimonial tie between the husband and
wife, but merely separation in bed.
The husband may be guilty also of rape on his wife if he is a principal by cooperation or by
inducement for the act committed by another man.
CAN RAPE BE COMMITTED ON A PROSTITUTE?
Yes. Virginity is not a necessary element in the crime of rape. Medical proof of sexual
intercourse is not a legal proof. Illicit relations complained of were committed with violence or
force.
VIRGINITY
Virginity is a condition of a female who has not experienced sexual intercourse and whose
genital organs have not been altered by carnal connection.
1. Moral Virginity — The state of not knowing the nature of sexual life and not having
experienced sexual relations. Moral virginity applies to children below the age of puberty
whose sex organs and secondary sex characters are not yet developed.
2. Physical Virginity — A condition whereby a woman is conscious of the nature of the sexual
life but has not experienced sexual intercourse. The term applies to women who have reached
sexual maturity but have not experienced sexual intercourse. There are no conclusive medical
findings to show that a woman is physically a virgin. Reliance is given to the absence of
laceration of the hymen, but a woman might have had previous sexual intercourse and yet the
hymen was unruptured while others might not have experienced sexual relations but have
laceration of the hymen.
If the findings show the absence of laceration of the hymen, a distinction should be drawn
between true and false physical virginity.
- True Physical Virginity — the hymen is intact with the edges distinct and regular and the
opening small to barely admit the tip of the smallest finger of the examiner even if the
thighs are separated.
- False Physical Virginity — the hymen is unruptured but the orifice is wide and elastic to
admit two or more fingers of the examiner with a lesser degree of resistance. The
hymen may be laxed and distensible and may have previous sexual relation.
3. Demi-Virginity — This term refers to a condition of a woman who permits any form of sexual
liberties as long as they abstain from rupturing the hymen by the sexual act. The woman may
be embraced, kissed, may allow her breasts to be fondled, her private organ to be held, and
other lascivious acts. The woman allows sexual intercourse but only "inter-femora" or even
"inter-labia" but not to the extent of rupturing the hymen.
4. "Virgo Intacta" — The term refers to a truly virgin woman; there are no structural changes in
her organ to infer previous sexual intercourse and that she is a virtuous woman. Since there are
no conclusive pieces of evidence to prove the existence of such a condition, liberal authorities
extend the connotation of the term to include women who have had previous sexual acts or
even habitually but had not given birth.
Virginity vs Chastity
• Not synonymous
• Woman may resort to many forms of homosexual or heterosexual practices without losing
her virginity, yet she may be unchaste
• May have ruptured hymen and other signs of loss of physical virginity, yet she is chaste
• She may resort to masturbation with rupture of hymen and dilatation of vaginal canal causing
it to appear that she has had several sexual intercourses, yet she may still be a virgin

Parts of the female body to be considered in the determination of the condition of virginity:
1. Breasts — The breasts (mammary glands) are functionally related to the reproductive
system since they secrete milk for the nourishment of the young child. At their inner
structures are 15 to 20 lobes of glandular tissues supported by contractive tissue name
work with a variable amount of adipose tissue.
- On the ventral surface of each breast is a cylindrical projection called “nipple”,
surrounded by a pigmented area called areola which becomes “dark brown during
pregnancy”
- Size, consistency and shape of the female adult breast varies with : age, degree of
physical development, stage in the menstrual cycle, pregnancy, nutrition, and hormonal
factors.

A fully developed breast may be classified according to shape as follows:

A. Hemispherical Breast — The breast is like a hemisphere. The contour lines are not
straight but form part of a circle or half of a sphere.
B. Conical Breast — The breast has a shape similar to a cone. The outline consists of two
converging lines which meet at the region of the nipple.
C. Infantile or Flat Breast — The breast is only slightly elevated from the chest without
distinct boundaries and showing no definite shape.
D. Pendulous Breast — The skin of the breast is loose making it capable of swinging in any
direction. This is commonly observed among parturient breastfeeding mothers. A
pendulous breast may be:
1. Hemispherical pendulous breast — It has the shape of a hemisphere but with loose
skin.
2. Conical pendulous breast — It has the shape of a cone and is capable of swinging
sidewise.
- The condition of breast is NOT a reliable evidence to determine virginity.
2. Vaginal Canal: As a general rule, the vaginal canal of a virgin is tight and the rugosities
are sharp and prominent. Insertion of a finger or instrument may show a certain degree
of resistance. The wall of the vagina is composed of smooth muscle and fibro elastic
connective tissue so that its tightness and degree of resistance on insertion of a finger or
an instrument depends on the integrity of its wall, as well as on the potency of its
lubricating secretion. The sharpness of the wall's rugosities may be diminished by the
insertion of foreign bodies, passage of clotted blood, self-manipulation, etc., and not by
sexual intercourse. The canal may be inherently lax and rugosities not prominent since
"birth.
3. Labia Majora and Labia Minora. The labia majora is firm, elastic, and plump and its
medial borders are usually in close contact with each other to cover the labia minora
and the clitoris. The labia minora is soft, pinkish in close contact with one another, and
its vestibule is narrow. Entry of the male organ may cause the labia to gape due to the
stretching of their borders.
- The condition of both labia is NOT a reliable basis in determining virginity.
- A woman may be a virgin but with a gaping labia, while others might have had previous
delivery but the labia are still coaptated.
 Stout woman- usually preserved plump, coaptated, firm labia
 Skinny woman- usually have gaping labia.
4. Fourchette: The fourchette presents a V-shape appearance as the two labia minora
unite posteriorly. After severe distention, the sharpness of the acute angle may become
rounded with retraction of the edges.
5. Hymen: Physicians give much attention to the examination of the hymen in the
determination of virginity. Classification of Hymen:

A. As to the shape and size of the opening:

 Annular or circular — The opening is oval or circular located at the center of the
hymen. There may be indentation of the borders.
 Infantile — The opening is small, usually linear, fleshy and resistant.
 Semilunar or crescentic — The concavity may be facing either side or upwards or
downwards. The tapering ends of the crescent may be the frequent sites of
laceration.
 Linear — The opening is slit-like and usually running vertically.
  Cribriform — The hymen presents several openings instead of a single one. In
several instances the openings are quite small and will require the use of a hand lens
to make them visible.
 Stellate - hymenal opening is like a star
 Septate — There are two openings which may be of equal or different sizes
separated by a bridge of hymenal tissue. After a sexual act there may be complete
rupture of the bridging tissue or marked distention of one to make the other
opening almost invisible.
 Fimbriated — The border of the opening shows small irregular protrusion towards
the opening. In some instances, the fimbriation may be big enough that the
examiner may mistake it to be a superficial laceration.
 Imperforate — There is no opening on the hymen. When a woman starts to
menstruate, surgery may be necessary to open the hymen to allow free passage of
menstrual blood.

B. As to structure and consistency:

 Firm and with strong connective tissue and plenty of blood vessels — This type has
more tendency to lacerate during the first sexual act and the laceration may produce
relatively more hemorrhage.
 Thick yielding hymen with scarce blood vessels—distensible easily penetrated and
when lacerated will cause less bleeding.
 Membranous hymen—parchment-like, may be transparent and may lacerate
without pain or appreciable bleeding.

C. As to number of opening:
 Single orifice — Having one opening.
 Septate — Having two openings.
 Multiple — Having several openings.
 Imperforate — Without orifice.

DEFLORATION
 - It is the laceration or rupture of the hymen as a result of sexual intercourse. All other
lacerations of the hymen which are not caused by sexual act are not considered as
defloration.
Parts of the female genitalia that must be examined to determine defloration:
1. Condition of the Vulva:
 Normally the labia majora and minora are in close contact with one another
covering almost completely the external genitalia.
 After defloration, the labia may gape exposing the introitus vulvae.
- The finding may not be relied upon, some females may have inherently gaping labia,
especially, asthenic women although there is no history of previous sexual act; others
may preserve the coaptated labia even if there has been previous sexual act.
2. Fourchette:
- The normal V-shape of the fourchette is lost on account of the previous stretching
during insertion of the male organ.
- Withdrawal of the stretching force will cause retraction of its walls with rounding of the
base.
- Can be due to other causes:
o Ballet dancing, separation of the thighs, tree climbing, cycling, horse riding,
insertion of foreign body, etc. may cause retraction of the fourchette without
previous sexual act.
o The fourchette, together with the perineum and lower portion of the posterior
vaginal wall, may be lacerated by sexual act or some other causes.
Predisposing causes of vulvo-vaginal injuries during sexual act:
1. Virginity — Sex organ does not have previous experience to stretching or coital act.
2. Pre-puberty — The genital organ is not yet fully developed to subject it to full
physiological function.
3. Genital disproportion — The male organ is unusually big or female organ infantile in
size in spite of adult age.
4. Unprepared or unaroused female — The vaginal secretion is absent, causing more
friction.
5. Position during the sexual act — Dorsal decubitus position with the thighs hyper
flexed predisposes to deep penetration by the male organ and is contributory to
 vaginal vault lacerations. Vaginal position may not be in harmony with the
movement of the penis.
6. Brutality of the male partner during the sexual act.
7. Recent vaginal surgery — The canal may become narrow and fibrous scar may
replace the muscular vaginal wall at the site of surgery.
8. Excessive active involvement of the female partner.
9. Multiple sexual act among sex deviates (Nymphomaniac or satyriatic) or multiple
consort — Continuous stretching and friction may weaken its wall.
10. Renewed sexual activity after prolonged abstinence.
11. Post-menopause.
12. Uterine retroversion.

3. Hymen:
- The hymen is lacerated during the initial sexual act. However, it is not always the case.
Some hymen is thick, elastic and fleshy such that they can resist certain degree of
distention without causing laceration.
- Some women may inherently have lacerated hymen probably on account of previous
trauma during the early age.
- The fact that the hymen is intact does not prove absence of previous sexual intercourse
and the presence of laceration does not prove defloration.
- Other Causes of Hymenal Laceration:
a) Passage of clotted blood during menstruation.
b) Ulceration due to disease, like diphtheria.
c) Jumping or running.
d) Falling on hard and sharp object.
e) Medical instrumentation.
f) Local medication.
g) Self-scratching due to irritation.
h) Masturbation.
i) Insertion of foreign bodies,
 j) Previous operation

IN THE MEDICAL EXAMINATION OF THE HYMEN, THE FOLLOWING FACTS MUST BE INCLUDED:
1. General condition of the hymen: This includes the width, thickness, elasticity,
vascularity, and laxity. It may include pathological condition, like inflammatory changes,
signs of previous trauma, developmental abnormality and foreign elements
2. Original shape of the orifice (opening): In case laceration is present, try to reconstruct
the hymen by means of a probe and determine the original shape of the opening. It may
be linear, circular, stellate, crescentic, septate, cribriform, imperforate and fimbriated.
3. If lacerated, the following must be noted:

(1) Degree of laceration:

Extent of damage to the hymen which may be:
a. Incomplete laceration - Rupture or laceration of the hymen is considered incomplete
when it does not involve the whole width or height of the hymen. Incomplete laceration
may be:
- Superficial — The laceration does not go beyond one-half of the whole width of the
hymen.
- Deep – The laceration involves more than one-half of the width of the hymen but not
reaching the base.
b. Complete laceration – The hymenal laceration involves the whole width but not beyond
the base of the hymen.
c. Compound or complicated laceration – The laceration involves the hymen and also the
surrounding tissues. It may involve the perineum, vaginal canal, urethra or rectum.
- Notches – Indentation of the hymen simulating lacerations. They may be symmetrical
and may extend to the vaginal wall. The mucous membrane over the notch is intact.
Notches may be mistaken for laceration.
(2) Location of laceration:
For the purpose of locating the site of the laceration, the hymenal orifice is related to the face
of a watch while the subject is in lithotomy position.
- With the examiner facing the female genitalia, the location of the laceration will be
described corresponding to the time in the face of a watch. By this procedure, a
 laceration at the region of the fourchette may be described as a laceration at 6:00
o'clock position in the face of a watch while on the horizontal.
- The hymenal orifice is related to the face of a watch while the subject is in lithotomy
position.
- The location of the laceration will be described corresponding to the time in the face of
a watch.
- A laceration at the region of the fourchette may be described as a laceration at 6:00
o'clock position in the face of a watch while on the horizontal
(3) Duration of the laceration:
a. Fresh bleeding laceration – of recent origin.
b. Fresh healing with fibrin formation and with edema of the surrounding tissue – after
24 hours.
c. Healed laceration with congested edges and with sharp coaptible borders
- Depending upon the degree of laceration and the presence or the absence of complications,
the said laceration could have occurred 4 to 10 days. Sometimes, the said finding is termed
"recently healed" laceration.
d. Healed laceration with sharp coaptible borders without congestion — can be
inferred that hymenal laceration took place approximately more than ten days or 2
to 3 weeks.
e. Healed laceration with rounded non-coaptible borders and retraction of the edges—
probably more than a month’s time.
(4) Complications of laceration:
a. Secondary infection – bacterial flora in the vaginal canal or a superimposed infection
may set in,
- poor hygienic habit.
- Gonorrheal infection is common when the offender is suffering from the disease at the
time of the sexual act.
b. Hemorrhage — rare but may be present in severe compound laceration of the hymen.
- Surgical intervention may' be necessary to control the bleeding.
- Blood analysis to determine the presence of blood disease may be indicated when
there is disproportion between the injury and the amount of hemorrhage.
- Blood transfusion may be required
 c. Fistulae formation — Recto-vaginal or vesico-vaginal fistula may develop in the case of
compound laceration.
- require the services of a competent gynecologist to subject the patient to
surgery.
d. Stricture – involvement of the vaginal wall
- narrowing of the canal due to the scar formation.

e. Sterility — involvement of the upper part of the female generative organ

- may cause loss of procreation power.

OTHER CRIMES OF CHASTITY:

1. Seduction – Is the act of a man enticing women to have unlawful intercourse.
 With means of persuasion, solicitation, promises or bribes or other means without
employment of force.
 A virgin over 12 years old but below 18 years old.
 With the use of abuse of authority or confidence.

1. Acts of lasciviousness – are acts which excite lust, wanton conduct, lewd
 Embracing, kissing, holding woman’s breast - Under 12 / 12 -18 years old.

3. Abduction – carrying away of a woman by an abductor with lewd design.

 Under 12 years old still forcible abduction even if with consent.
4. Adultery – Married woman committed intercourse with a man not her husband and knows
she is married.
5. Concubinage – any husband who shall keep a mistress in the conjugal dwelling, or shall have
sexual intercourse under scandalous circumstances with a woman not his wife or cohabit with
her in any other place.

Sub-topic 1: Pregnancy, Delivery, Birth

Pregnancy - Pregnancy is a physiological condition of having a developing embryo or fetus in
the body, from the time of fertilization of an ovum by the sperm until the birth of the child.
Delivery- Delivery is defined as complete evacuation of a fetus that has attained viability) and
other products of conception from within the uterus and genital passage into the external
environment.
The Gestation Period
 Normal gestation period: • 280 days = 40 weeks = 10 lunar months.
 According to the Egyptian Law:
 Shortest → 6 months
 Longest → 12 months.
 The child born after a shorter than 6 months and longer than 12 months gestational
period can be disputed by his father.
The fetus is considered born:
 If it is alive at the time it is completely delivered from the mother’s womb.
 If the fetus had an intra-uterine life of less than 7 months, it is not deemed born if it dies
within 24H after its complete delivery from the maternal womb.

Pregnancy Tests
 Human Chorionic Gonadotrophic (HCG) hormone.
 Urine and Blood.
 Sure sign of pregnancy.
 Direct or indirect agglutination tests.
 False +ve:
– Miscalculations and HCG sensitive tumors.
– MLI: Lead to homicidal crimes.
 False –ve:
– Miscalculations and very early in pregnancy.
– MLI: Delayed medical intervention in cases of ectopic pregnancy.

Postmortem Diagnosis of Pregnancy

 Uterine Enlargement.
 Presence of ovum or fetus in the uterus.
 Microscopical evidence of chorionic or fetal tissues in the uterus.

Paternity - civil status of the father with respect to the child begotten by him.
Filiation – civil status of the child in relation to its mother or father.
Legitimate children – are those who were born on lawful wedlock or within 300 days after the
dissolution of marriage.
Children born after 180 days following the celebration of the marriage and Before 300 days
following the dissolution or the separation of the spouses shall be presumed to be LEGITIMATE.
Provided there is no physical impossibility of the husband having access to his wife.
Impotency – is the physical incapacity of either sex to allow or grant to the other legitimate
sexual gratification.
Sterility – is the loss of power of procreation and is absolutely independent of whether or not
impotence is present.

Pregnancy in Forensic Medicine

 Inheritance → to produce an heir.
 Rape → to receive more compensation.
 Capital sentence → delay the execution of death penalty.
 Adultery → charged if her away from legal husband.
 Criminal Abortion → confirm the pregnancy.

Medico-legal Aspects
Civil Cases
 Malicious persons may allege either verbally or in writing, that an unmarried woman or
widow is pregnant, in which case she would definitely vindicate herself
 Concealed pregnancy before marriage by a person other than lawfully wedded spouse
constitutes a valid ground for divorce
 Duration of pregnancy assumes importance when legitimacy of a posthumous child is
questioned (She’s pregnant? Her husband died a year ago)
Criminal Cases
 Pregnancy is positive proof of sexual intercourse in a trial for rape
 Pregnancy may be a motive for the suicide of a married or unmarried woman, or for the
murder of a married woman by her husband, when it is result of an explicit relationship

Sub-topic 2: Abortion
Abortion- Abortion is defined as the premature expulsion of products of conception from the
uterus, at any time before the complete period of gestation.
This also includes miscarriage and pre-term labor.

MLI of Abortion
 Trauma including domestic violence.
 Malpractice leading to abortion.
 A female charged of conducting abortion to herself.
Legal Aspects for Therapeutic Abortion
 Consult another specialist and obtain a written consultation indicating the necessity of
the induction of abortion.
 Written Consent of the patient and her husband.
 Maintain adequate medical reports about the case with all the details.
 Appropriate preparation of the patient before the procedure.
 Must be performed in a well-equipped hospital or medical facility.
Criminal Abortion
 Unjustifiable (any reason other than saving the life of the mother).
 Performed by: – Woman herself. – Lay abortionist including midwives.
Methods of Criminal Abortion
 General violence.
 Abortifacient Drugs
– Ecbolic Drugs: direct effect on the uterine muscles. Ex. Lead oleate and Prostaglandins.
– Irritants of the uterine muscles: drastic purgative Ex. Castor oil, Colocynth.
– General Protoplasmic Poisons: Ex. Arsenic, Mercury and Lead.
 Local Violence – Foreign body insertion.
Complications of Criminal Abortion
 Hemorrhage.
 Shock.
 Air embolism.
 Infection.
 Venous thrombosis.
 Amniotic embolism.
 Ruptured uterus/Uterine perforation.
 Renal or hepatorenal failure.
Examining a suspected case of criminal abortion
 Written Consent.
 Detailed history.
 External examination:
– Signs of Pregnancy
– Signs of Delivery.
– Signs of Violence or infection.
– Examination for signs of chronic diseases.
 Local Examination.
 Laboratory Investigations.
 Examination of the products of abortion.
Role of the Practitioner in Cases of Abortion
 Written consent.
 Adequate ground for termination of pregnancy.
 Urgent life-threatening conditions.
 Urge the victim of a suspected criminal abortion to report the incident to the authority
without affecting his/her duties towards the patient.
 If a woman is dead after an abortion, the physician should report to the police in case of
any suspicion and don’t issue the death certificate without investigation.
 The physician must avoid giving information about drugs that may cause abortion in
order not to be accused of causing unjustifiable induced abortion.

Section Two. — Infanticide and abortion (Revised Penal Code)

Art. 257. Unintentional abortion. — The penalty of prision correccional in its minimum and
medium period shall be imposed upon any person who shall cause an abortion by violence, but
unintentionally.
Art. 258. Abortion practiced by the woman herself of by her parents. — The penalty of prision
correccional in its medium and maximum periods shall be imposed upon a woman who shall
practice abortion upon herself or shall consent that any other person should do so.
Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of
prision correccional in its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of them, and they
act with the consent of said woman for the purpose of concealing her dishonor, the offenders
shall suffer the penalty of prision correccional in its medium and maximum periods.
Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. — The
penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon
any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause
an abortion or assist in causing the same.
Any pharmacist who, without the proper prescription from a physician, shall dispense any
abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.

Sub-topic 3: Infanticide
Article 255
INFANTICIDE - the killing of a child less than 3 days old (72 hours)
ELEMENTS:
1. A child was killed;
2. The deceased child was less than 3 days old;
3. Accused killed said child.

INFANTICIDE, not parricide or murder

If the offender is the father, mother or legitimate ascendant (or even descendant if that is
possible), the crime is still infanticide not parricide, because the basis of the crime is not the
relationship but the age of the child. But the penalty if that for parricide.
If the offender is a person other than the foregoing, the crime is still infanticide, not murder.
But the penalty is for murder.

CONCEALMENT OF DISHONOR
The extenuating circumstance of concealment of dishonor is available only to:
1. the mother - prision mayor in its medium and maximum
2. the maternal grandparents - reclusion temporal
 The delinquent mother must be of good reputation and good morals, in order that
concealing dishonor may mitigate her liability.
 If she is a prostitute, she is not entitled to a lesser penalty.

IF VICTIM IS A FETUS
The fetus must already be viable; otherwise, the crime is not infanticide but abortion. If the
fetus had an intra-uterine life of less than 7 months and it was destroyed within 24 hours after
its complete separation from the womb, it is still abortion.