Sodomy ,Tribadism, Bestiality and Buccal coitus

Definition: An unnatural sexual offence means sexual intercourse against the order of nature, i.e. when
the act does not involve penetration of a woman's vagina by the man's penis.

• It can be any form of sexual intercourse which does not have the potential for procreation.

Unnatural sexual offences include:

i. Sodomy

ii. Tribadism/Lesbianism

iii. Bestiality

iv. Buccal/Oral coitus

• These offences are punishable under Sec. 377 IPC with an imprisonment for life or with imprisonment
which may extend to 10 years and fine.

• Furthermore, the offence is cognizable, non-bailable,non-compoundable and tried by a magistrate of

first class. In a trial of an accused under this Section, the prosecution must prove that the:

i. Accused had carnal intercourse with a man,woman or an animal

ii. Such intercourse was against the order of nature

iii. The act was done voluntarily by the accused

iv. Penetration had occurred.

In 2009, the Delhi High Court decriminalized consensual homosexual activities between adults. The
court stated that the judgment would hold until Parliament chose to amend the law. However, the
judgment keeps intact the provisions of Sec. 377 IPC in-so-far as it applies to non-consensual non-vaginal
intercourse and intercourse with minors.

Sodomy
Definition: It is the anal intercourse between two males(homosexual sodomy) or between a male and a
female(heterosexual sodomy). It is also called buggery.

• Pederasty is intimate sexual relations, especially anal intercourse with a boy outside his immediate
family as the passive partner (the boy is known as catamite and the man as pederast).

Habitual passive agents are called fairies, gays or queens in the West, and in India they are called hijras
(castrated males) and zenanas (male transvestites).

• The Greeks of Golden Age were said to practice it and is also called ' Greek Love.'

• It is frequently seen among sailors, prisoners and in military barracks and prevails at all levels of
society.
Brief anatomy of anal canal

Normally, the anal orifice is slit-like and running anteroposteriorly with marked ridges (folds) due to the
action of corrugator cutis ani muscle. The perianal skin is pigmented and keratinized and has skin
appendages (e.g. hair, sweat glands and sebaceous glands). The external anal sphincter has the ability to
dilate significantly without any obvious injury to the sphincter or anal canal.

Examination of Passive Agent of Sodomy

Pre-requisites and Preliminary Particulars

• Written authorization from Magistrate or in-charge of a police station is a must before undertaking an
examination. If the passive agent is a victim (nonconsenting), he can also request for an examination,but
the doctor should inform the police.

• General information—name, age, sex, address,occupation, time, date and place of examination.

• Two identification marks are noted.

• Written informed consent should be obtained in case of non-consenting victim. Consent in case of
accused is guided by Sec. 53 (1) CrPC.

• History, date and time of the incident, defecation,change of clothing, bathing or washing the anal area
after the alleged act, use of lubricant and degree of penetration is specifically asked for.

• Any history of pain/burning sensation associated with defecation or walking is specifically asked for.

• Gait of the victim is noted.

Clothings: Clothings are examined for damage, loose pubic hair, stains of blood/semen/lubricant/feces.

General examination: General physical examination including development of secondary sexual

characters is noted. Any injuries, like abrasions and bruises indicating resistance should be noted.

Local Examination (in knee-elbow position)

A number of variables may affect the possibility of finding physical evidence of anal intercourse:

• Frequency of the acts

• Time interval between intercourse and examination

• Age, built and size of the orifice in the individual

• Degree of force applied during the act

• Size of the penile organ

• Cooperativeness of the partner

• Use of lubricants
Non-habitual Passive Victim

Lesions are marked in children because of great disproportion in size between anal orifice of victim and
penis of the accused. A perianal and rectal swab should be taken first and any matted (anal/pubic) or
foreign hair should be preserved for examination.

i. There is pain/tenderness during examination.

ii. Smears of lubricant and loose foreign pubic hair around/in the anus.

iii. Fresh/dried semen may be present around/in the anus.

iv. Injuries: Superficial injuries include perianal abrasions, bruising, erythema, hematoma, edema and
anal fissures. Deep injuries include anal lacerations/tears extending onto the perineum, complete
transection of the external anal sphincter and perforation of the recto sigmoid (more common in
children).

• Abrasions may be present around the anal opening—produced by frictional shearing of the
penetrating penis but may be caused by fingernails or due to poor hygiene. Extensive abrasions are seen
when there is disproportion between anal orifice and the penis.

• Anal fissures (splits in the skin of anal margin)may involve the external skin or may extend within anal
canal to mucocutaneous junction and are usually present in the posterior quadrant. It is generally
wedged shaped (triangular), directed radially towards the anal canal.

• Hematoma may be present which is diffuse and present around anal margin with obliteration of
normal anal skin folds or appears as localized swelling.

• There may be anal prolapse.

• First intercourse may result in overt tearing of anal skin and underlying sphincter muscle or splitting of
skin and production of anal fissure or mere abrasion/contusion of the opening.

v. Digital examination is extremely painful, may show loss of elasticity and tone.

vi. At the end, anal canal and lower rectum is examined with the help of proctoscope (if there is spasm
of the sphincter, it may be carried under anesthesia).

Habitual Passive Agent

i. There may be shaving of anal hair.

ii. Bloodstains are usually not observed.

iii. Loose foreign hair and smears of lubricant may be present.

iv. Perianal skin may be thickened and keratinized.

v. Person does not experience any pain or tenderness during digital examination. Anal sphincter is lax,
opening is patulous, canal is dilated and there may be loss of fine symmetric rugal pattern along with
congested or dilated veins.
vi. Lateral traction test: External anal sphincter relaxes reflexly when bimanual traction is applied to the
buttocks.

vii. Anal opening is more deeply situated than usual due to absorption of subcutaneous fat, giving a
funnel-shaped depression of buttocks.

viii. Rectum: Thickned, congested and prolapse of mucosa with disappearence of radial fold.

Other signs: Venereal disease, cryptitis, piles,fissures, anal scars from healed injuries and homosexual
mannerism regarding dress, gait,manner of speaking and cosmetics.

Opinion

Opinions should be restrained, but not vague, especially on matters where lack of experience makes it
dangerous to be assertive.

The opinion is based on:

• Presence of semen/seminal stains in and/or around the anus

• Soiling of the anal region with lubricants

• Smearing of clothes with semen, blood, lubricants or any other material

• Injuries in and around the anus

• Foreign hair

• Changes in the general anatomy of the anal opening and the surrounding area.

There may or may not be any residual findings from either the single or repeated acts of anal
intercourse. Signs may be minimal when lubricant has been used or the organ been introduced slowly
into the anus without using undue force. Moreover, the acute signs of penetration get healed in about
24-48 h. Hence, time interval between alleged offence and examination is vital in documentation of the
findings.

• Non-specific findings such as erythema, perianal abrasions and pigmentary venous changes along with
history may be suggestive of alleged contact.

• If any dilatation of anus is present, opinion should given that it is consistent with entry of penis.

• The presence of semen, feces, soft paraffin and pubic hair on clothes is almost diagnostic of sodomy.

• The only absolute proof of sodomy is the presence of semen in the anus.

Diagnostic findings

• Transection of the anus

• Perforation of the rectosigmoid colon

• Recovery of seminal products from the anorectal canal

• Perianal scarring
Examination of Active Agent of Sodomy

Pre-requisites and preliminary particulars

• General information—name, age, sex, address,occupation, time, date and place of examination.

• Two identification marks are noted.

• Consent in this case is guided by Sec. 53 (1) CrPC.

• History of his version is noted.

Examination

i. Clothes are examined for the presence of stains—blood, fecal, seminal or mud.

ii. The accused is examined for abrasions and contusions on glans or tearing of the frenulum.Forceful
penetration against resistance may produce tears or bruising of frenulum or prepuce and abrasion of
glans penis.

iii. There may be traces of feces and lubricant about his genitalia and the peculiar smell of anal glands.

iv. There may be presence of blood, seminal stains,venereal disease and foreign hair.

v. In habitual active agent, the penis is usually twisted with constriction at some distance from glans due
to constriction force of the sphincter ani.

Specimens to be preserved for passive and active agent

Medico-legal Aspects

i. Presently in India, if the act is done without the consent of the adult passive partner, the active
partner is held guilty, otherwise it is not considered as an offence.

ii. Marriage contract gives implied consent for sexual intercourse per vaginum, not per anum. Under
Sec.13 of Hindu Marriage Act, conviction for natural or unnatural sexual act is a valid ground for divorce.

iii. Penetrative anal sex is legal in UK between consenting adults who are over the age of consent,i.e. at
least 16 years of age. The sexual act had to take place in private and members of the Armed Forces and
merchant seamen were excluded,whatever their age.

• The term sodomy is derived from the name of the ancient city of Sodom, which according to the Bible
was destroyed by God for its misdeeds. Traditionally, the misdeeds of Sodom have been understood to
be male homosexual anal intercourse.

• Sin of Gomorrah: According to the Bible, the men of Sodom and Gomorrah desired to perform
homosexual gang rape on the angels. Homosexuality was the reason God poured fiery sulfur on the
cities, completely destroying them and all of their inhabitants.

• At the extreme, homosexuality remains punishable by death in Afghanistan, Iran, Nigeria, Pakistan,
Saudi Arabia, Sudan, United Arab Emirates and Yemen.
• Intragluteal coitus occurs when the penis is placed between the gluteal fold which may result in
edema, contusion and abrasions involving the natal cleft, perinal and anal tissues due to friction. There
may be presence of seminal stains on the back or buttocks and pubic hair and other trace elements (e.g.
fibres) may also be found on the body.

Tribadism/Lesbianism
Definition: It is female homosexuality in which two women by mutual acts of sexual indulgence achieve
gratification.

Features

i. Many lesbians are masculine in type, possibly due to endocrine disturbances and are indifferent
towards men.

ii. Lesbians who are morbidly jealous of one another when rejected may commit homicide, suicide or
both.

iii. It is usually indulged by women who have repulsion for men or who suffer from nymphomania.

iv. The predominant forms of sexual activity to achieve orgasm are oral-genital and manual genital
stimulation. Self-stimulation of clitoris is frequently the preferred method. Use of artificial phallus, anal
stimulation and other practices are infrequently used.

v. The acts include lip kissing, massaging the breasts and private parts, generalized body contact and
mutual rubbing of private parts.

vi. On examination, the external genitalia may show scratch marks and/or bite marks.

• The word 'tribadism' is derived from the obsolete word tribade, meaning 'lesbian'.

• The word 'lesbian' originally referred to an inhabitant of the island of Lesbos, in ancient Greece. The
term has come to have its current meaning due to the ancient Greek poet Sappho, who lived on the
island; some of her poems concerned love between women. This led to the term sapphism being used
for lesbianism.

• Nymphomania: Abnormal, excessive, insatiable desire in a woman for sexual intercourse.

• Satyriasis: Morbid, insatiable sexual need or desire in a man.

Homosexuality: It is the phenomenon wherein an individual (male or female) prefer a partner of the
same sex for sexual activity and intimate bonding.

– The most frequent form of male homosexual activity is fellatio and masturbation; anal intercourse
occurs much less often.

– In the past, homosexual couples often lived together but downplayed their relationship in public to
avoid discrimination. Many couples now assert the legitimacy of their relationship though marriage
(recognized by religious and political institutions) and parenthood.

– Lesbian couples are conceiving and bearing children through various artificial methods like infertile
heterosexual couples. Adoption is another means to parenthood for gay and lesbian couples.
Bestiality (Zoophilia)
Definition: It is sexual intercourse with animal, either vaginal, anal or oral. This includes all animals,
including birds, the usual victims being pets and farm animals.

• Generally, sheep are used by males, and dogs or cats by females as they are easily available and
relatively docile.

• Doctor may sometimes be asked to examine genital injuries or infections in a man acquired during
such episodes. The sure evidence of bestiality is finding of human spermatozoa in the genital tract of the
animal. The penis may be contaminated with fecal matter, vaginal secretion or hair of the animal. There
may be injury to the penis, dung stains, general body injuries or bloodstains.

In UK, under 'Sexual Offences Act 2003' reduced the sentence to a maximum of 2 years imprisonment
for penile penetration of or by an animal.

Buccal Coitus
Definition: It denotes penile or vaginal oral sexual intercourse and can be performed by both males and
females.

• It is also called the 'Sin of Gomorrah', because it is alleged that buccal coitus was prevalent in
Gomorrah,the Biblical twin city of Sodom.

• Fellatio (Latin fellare: to suck) means oral stimulation of the penis either by the female or male.

• Cunnilingus means oral stimulation of female genitalia.

• Earlier buccal coitus was considered as a sexual deviation, but nowadays it is considered normal sexual
foreplay

Injuries: A person who is forced to perform fellatio may have trauma in the oral cavity, such as
petechiae of the palate and/or posterior pharynx.Tears to the labial frenulum may result from forceful
traction on the upper lip. If a fellator’s scalp hair is grasped forcibly during the act, traction alopecia may
be seen.

– If the victim has fellatio or cunnilingus performed on him/her, acute signs include petechiae, abrasions
or bite marks to the genitalia.

• The only material evidence of buccal coitus is the presence of seminal products including spermatozoa
in oral cavity and nasopharynx of the fellator(dependent upon time since contact and a history of
ejaculation) and buccal mucosal cells on the external genitalia of the subject.

• The mouth and pharynx should be swabbed with non-absorbent cotton swabs and a smear should be
made similar to that made of the vaginal material. A culture for gonorrhea should be taken from the
nasopharynx.

Medico-legal Aspects

• In India, under the Hindu Marriage Act, insistence on buccal coitus, if it is non-consensual and
repetitive,constitutes a valid ground for divorce.
• Buccal coitus performed by consenting adults over 21 years of age is permitted by law in UK.

• Anilingus: The practice of oral stimulation of the anus.

• Urningism: Sexual practice in which sexual desire is only for one of the same sex (obsolete word for
male homosexuality).