Sodomy

Introduction

intercourse between two males (homosexual or between a male and a female

(heterosexual sodomy ) This used to be practiced in a town called Sodom. 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).It is called gerontophilia when the passive
agent is an adult, and paederasty, when the passive agent is a child, who is
known as catamite. A pedophile is an adult who repeatedly engages in sexual
activities with children

Habitual passive agents are called fairies, guys or querem 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 can
be heterosexual or homosexual. When practised between two men, they may
alternately act as active and passive agents. Any degree of penetration or any
attempt at penetration just into the anal margin

It is frequently seen among sailors, prisoners and in military barracks, and prevails
at all levels of society,n India, a class of male prostitutes called "Eunuchs", act as
passive agents in sodomy. Among them there are two groups. (1) Hijrahs, and (2)
Zenana, who live separately.
 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 (non-
consenting), 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 and consensual partners. Con- sent in case of an accused

is guided by Sec. 53 (1) CrPC History, date and time of the incident, defecation.
change of clothing, bathing or washing the anal areaafter 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.

Lo

Local Examination (in Knee-elbow Position)

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

(Fig. 25.1)

 * 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 (Fig. 25.2)

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 abra- sions, 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 rectosigmoid (more common in
children).

■Linear abrasions may be seen around the anal opening-produced by frictional

shearing of the penetrating penis, but may be caused by fingernails, severe
constipation 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 (Fig. 25.3).

■ Hematoma may be present, which is diffuse and present circumferentially

around anal margin with obliteration of fine, symmetric rugal pattern giving an
appearance of a tyre ('tyre sign') or appears as localized swelling. The anus
opening appears blue and there may be some edema around the anus which
may last up to 2 days after the assault-this may be mistaken for hemorrhoids.

■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 (Figs. 25.3 and 25.4)

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 keratinized with mucocutaneous eversion.

Shiny silvery hyperkeratinized skin may also be due to scratching from chronic
irritation associated with hemorrhoids, threadworms or viral infections.

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 Fig. 25.4: Ha reflexly
when bimanual traction is applied to the buttocks. Normally, gentle traction of
the perianal area should elicit reflex contraction of the sphincter muscle.
patulous an

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

viii. Rectum: Thickened, congested and prolapse of mucosa with disappearance

of radial fold.

ix. 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 (Table 25.1)

■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, since anus is anatomically designed for
passage of stools, it is able to expand to a large extent in both adults and
children.

❖ Signs may be minimal when lubricant has been used or the organ been
introduced slowly into the anus without using undue force.

It has a good blood supply and, the acute signs of Co penetration get healed in
about 24-48 hours. Hence,

time interval between alleged offence and examination is vital in

documentation of the findings.

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.

Perianal signs of abuse

Signs Findings

Non-specific acute signs Erythema, perianal abrasions, edema,

fissures venous congestion, bruising

Signs supportive of abuse Anal laxity

• Reproducible reflex anal dilatation

>15 mm

Chronic changes, i.e., thickening of

anal opening, increased elasticity and
reduced anal sphincter tone,
asymmetry of the rugal folds, changes
in pigmentation

• Rectal discharge

• Dilation and tags

• Stigmata of STDS

• Signs of trauma including bite marks

Diagnostic signs • Fresh laceration

• Transection of the anus

Perforation of the rectosigmoid colon •

Healed scar extending beyond anal
margin onto perianal skin Recovery of
seminal products from the anorectal
canal
 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 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

Passive agent Active agent

Passive agent • Clothing

• Clothing • Swab from glans

Swab from anal canal • Urethral discharge

Swab from bite mark • Blood

• Blood • Nail scrapings

• Nail scrapings • Pubic hair

• Matted and foreign pubic hair and • Urine

his own for comparison

Medico-legal Aspects
i. Supreme Court has decriminalized consensual anal sex between two
consenting adults. Individuals are to be tried under Sec. 377 IPC, if the act has
been committed without consent. Other aspects of the penal provision dealing
with minors and animals remain the same. The SC also observed that
homosexuality is not a mental illness or mental disorder.

ii. Consensual penile-anal intercourse is viewed as sexual deviation (and not an

offense) as judged by psychologists since it is closest to heterosexuality Features
offering sexual gratification.

iii. 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.

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