SEX CRIMES

Forensic Medicine
College of Medicine
Mindanao State University

Andrew M. Marcella, MD, JD, DPBS, FPSGS, FPCS

Medico-Legal Aspects of Sex
Crimes
Virginity Defloration
Have not experienced sexual
intercourse and who’s genitals have Laceration of the
not been altered by carnal
hymen as a result of
knowledge
sexual intercourse.
“Virtuous Female” All other laceration
Body is pure and had never had sexual
intercourse, though mind and heart may be of the hymen not
impure. caused by sexual
A woman is presumed to be “virgin” intercourse is not
when she is single and of good defloration.
reputation.
Kinds of Virginity
Moral Virginity - state of not knowing the nature of sexual
life; no sexual relation;children below puberty (no 2o
sexual characteristics)
Physical Virginity - condition of sexual maturity but have not
experienced sexual intercourse. No conclusive medical
findings to show a woman is physically virgin. (hymen?)
1. True Physical Virginity - hymen intact and opening small to
barely admit the tip of a smallest finger even when thighs are
separated.
2. False Physical Virginity - hymen unruptured but opening wide
and elastic to admit 2 or more fingers of the examiner with
lesser degree of resistance.
Parts of the Female Body to be Considered
in Determining Virginity

 Breasts
 Vaginal canal
 Labia Minora and Majora
 Fourchette
 Hymen
Vagina
The Hymen
Causes of Hymenal Laceration
 Passage of clotted blood during menstruation
 Ulceration due to disease (eg. Diptheria)
 Jumping of running
 Straddle injury
 Medical instrumentation
 Local medication
 Self scratching during irritation
 Masturbation
 Insertion of foreign bodies
 Previous operation
Predisposing Causes of Vulvo-Vaginal
Injuries During SEXUAL ACT!
 Virginity
 Prepuberty
 Genital disproportion
 Position during sexual act
 Brutality of the male partner
 Excessive active movement of the female partner
 Multiple sexual act among sex deviates
 Renewed sexual activity after prolonged abstinence
 Post-menopause
 Uterine retroversion
Physiology of the Normal Sexual Act

2 Phases of Sexual Physiology

 Sexual Excitement - primarily
psychological followed by physical in
males, physical in females.
 Orgasm
Sexual Excitement

 Local Changes
 Male erection due to increased blood flow
to the penis
 Tumecence of the clitoris, vestibule, and
labia minora.
 Spontaneous vulvar lubrication
 Labial engorgement and vaginal
lengthening and widening
Sexual Excitement

Systemic Effects
 Increase in pulse rate, blood pressure, body
warmth, respiration
 Decrease in bleeding during arousal
 Decrease in sensory perception
 Sense of touch
 Pain
 Hearing
 Vision
Orgasm

 Contraction of the smooth muscles of the

uterus, pelvic floor, and vaginal sphincter in
the female
 In the male, contraction of the smooth muscle
of the penis, producing ejaculation
Death Related to Sexual Act
Death of a Male Partner
 Death from Natural Cause like a
cardio-pulmonary arrest
 Death due to defensive act of the woman victim
Death of the Female Partner
 Accidental strangulation or suffocation
 Air embolism during sexual perversion
 Sadism of the male partner
 Deliberate act physical injury
 Shock as a result of extreme exhaustion and mental trauma
in rape
 Hemorrhage
 infection
Death of Both Partners

 Sexual act in a closed space with carbon

monoxide or other asphyxiates
 Homicide - suicide pact
SEX CRIMES
 Rape
 Seduction
 Acts Lasciviousness
 Abduction
 Adultery and Concubinage
 Prostitution
 Abuse against Chastity
 Unnatural Sexual Offenses and Sexual Abnormalities
RAPE

WHEN AND HOW IS RAPE COMMITED

Rape is committed by having carnal
knowledge of a woman under the following
circumstances:
1. By using force or intimidation
2. When the woman is deprived of reasons or is
unconscious
3. When the woman is under 12 yrs old
Article 266-A. Rape: When And How Committed. - Rape is
committed:
1) By a man who shall have carnal knowledge of a woman
under any of the following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or
otherwise unconscious;
c) By means of fraudulent machination or grave abuse of
authority; and
d) When the offended party is under twelve (12) years of
age or is demented, even though none of the circumstances
mentioned above be present.
2) By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person's mouth or
anal orifice, or any instrument or object, into the genital or anal
orifice of another person
Art 266-B PENALTIES
"Whenever the rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.

"When by reason or on the occasion of the rape, the victim

has become insane, the penalty shall become reclusion
perpetua to death.

"When the rape is attempted and a homicide is committed

by reason or on the occasion thereof, the penalty shall be
reclusion perpetua to death.

"When by reason or on the occasion ofthe rape, homicide is

committed, the penalty shall be death.
“Carnal Knowledge”

“Act of a man having sexual bodily connection

with a woman. There is carnal knowledge even
in the slightest penetration in the sexual organ
of the female by the sexual organ of the male”
 Vaginal penetration or hymenal laceration is
not necessary
 Ejaculation of the male during the act is
immaterial except as part of evidences.
Medical Evidence of Rape

1. Pieces of Evidence from the victim

2. Examination of the offender
3. Pieces of Evidence from companion of
the victim
4. Pieces of Evidence from the crime
scene
The Victim

 Short history of the events in chronologic order

 Physical examination of the victim
 Date/time, place of examination
 Condition of the clothing
 Gait, facial expression, bodily and mental attitude
 Physical and mental development
 Examination of the body for signs of violence
 Examination of the genitalia, including the breast
Common actions
among attackers is
to apply blows on
the thighs to weaken
the defense of the
victim
Vulvar Laceration
Vulvar Hematoma
Vulvar Laceration
Minor Vulvar Injury
The breast is a common area of
attack …..
The Alleged Offender

 Physical development, mental condition, and

strength
 Evidence of physical injuries
 Condition of the sex organ
 Potency of the offender
 Evidence of genital infection
The Crime Scene

 Disturbances in the place of comission

 Physical evidences like strands of hair,
blood and other stains, to prove
consummation of the act
 Pieces of personal belongings of the
victim and offender.
Other Relevant Pieces of Evidence

 Examination of for seminal fluid and

spermatozoa
 Gross examination
 Micro-chemical examination
Seduction

“ the act of a man enticing a woman to

have sexual act with him by means of
persuasion, solicitation, promises,
bribes, or other means without
employment of force”
1. Qualified seduction
2. Simple seduction
Qualified Seduction

a) the offended party is a virgin;

b) she must be over 12 and under
18 years of age;
c) the offender has sexual
intercourse with her;
d) there is abuse of authority, of
confidence or of relationship
Simple Seduction

1. That the offended party is over 12

and under 18 years of age;
2. That she must be of good reputation,
single or widow;
3. That the offender has sexual
intercourse with her; and
4. That it is committed by means of
deceit.
Acts of Lasciviousness

“ acts which tend to excite lust, the conduct of

which is wanton, lewd, voluptuous, or lewd
emotions”.
 single or widow of good reputation
 Woman under 12 yrs old
 Over 12 yrs but below 18
 Person of either sex
 Maybe even with consent
Abduction
“ carrying away of a woman by an abductor with lewd
design”.
1. Forced abduction
1.Woman
2.Against her will
3.Lewd design
2. Consented abduction
1.Virgin
2.Over 12 but under 18
3.With consent
4.Lewd design
 Adultery and Concubinage
Adultery
Married woman having sexual intercourse with a man, not
her husband.
The man knowing the woman to be married

Concubinage
Husband having sexual intercourse with another woman,
not his wife, in conjugal dwellings, scandalous
circumstances, or cohabiting with her in any other
place.
Sexual Abnormalities
1. As to choice of sexual partners
homosexuality
2. As to instinctual strength of sexual urge
Satyriasis, nymphomania
3. As to mode of sexual satisfaction
Fellation, cunnilingus, analingus, sado-masochism
4. As to the part of the body
Sodomy, uranism, frottage
5. As to number of partners
Troilism, pluralism
6. As to visual stimulus
Voyeurism, mixoscopia
Thank You and GOOD LUCK !!!