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PATNUBAY NG MAGULANG ANG KAILANGAN

MEDICO LEGAL ASPECTS OF SEX CRIMES
MEDICO LEGAL ASPECTS OF SEX CRIMES
SEX
-It is an inborn instinct of man.
SEXUAL CRIME
-sexual act that is not in conformity with the
accepted rules of the society and is
punishable by law.
VIRGINITY
-condition of a woman who has not
experience any sexual intercourse and
whose genital organs have not been altered
by sexual intercourse.
 VIRGINITY AND DEFLORATION
A. VIRGINITY – is a condition of a female who has
not experienced sexual intercourse and whose
genital organs have not been altered by carnal
connection.
Kinds of virginity:
1. moral virginity – the state of not knowing the
nature of sexual life and not having experienced
sexual relation. Moral virginity applies to children
below the age of puberty and 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.
A. True Physical Virginity – a condition wherein the
hymen is intact with the edges distinct and regular
and the opening is small to barely admit the tip of
the smallest finger of the examiner even if the thighs
are separated.
B. False Physical Virginity – a condition wherein 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 .
3. Demi-virginity – this term refers to condition of a
woman who permits any form of sexual liberties as
long as they abstain from rupturing the hymen by
sexual act.

4. Virgo Intacta – literally the term refers to a truly

virgin woman; that there are no structural changes
in in her organ to infer previous sexual intercourse
and that she is virtuous woman.
- applied to women who had previous sexual
intercourse but not given birth.
5. Deploration- the term use to denote the laceration
of hymen.
 Parts of the Body to be Considered in the
Determination of the Condition of
Virginity
1. Breast – the breasts (mammary glands) are
related functionally related to the
reproductive system since they secrete milk
for nourishment of the young child. The 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 maybe classified
according to shape as follows:
a. Hemispherical breast
b. Conical breast
c. Infantile or flat breast
d. Pendulous breast
1. hemispherical pendulous breast
2. conical pendulous breast
Note: The condition of the breast is not a
reliable evidence to determine virginity.
 Parts of the Body to be Considered in the
Determination of the Condition of 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 finger or
instrument may show certain degree of resistance.
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 so as
to cover the labia minora and the clitoris.
4. Fourchette – the fourchette present 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.

The rounding of the fourchette and the retraction of

the edges can be a consequence of so many causes.
Stretching apart of the thighs, instrumentation,
horse or bicycle riding, may produce the condition
other than sexual intercourse.
FOURCHETTE
5. Hymen – physicians give much attention in
the examination of the hymen in the
determination of virginity.
Classification of Hymen:
A. As to shape and size of the opening
1. Annular or Occular- the opening is oval or
circular located at the center of the hymen.
2. Infantile – the opening is small, usually linear,
fleshy and resistant.
3. Semilunar or Crescentric – the concavity
maybe facing either side or upwards or
downwards.
4. Linear – the opening is slit-like and usually
running vertically.
5. Crib-form – the hymen presents several
openings instead of a single one.
6. Stellate – hymenal opening is like a star.
7. Septate – there are two openings which maybe
of equal or different sizes separated by a bridge
of hymenal tissue.
8. Fimbriated – the border of the opening shows
small irregular protrusion towards the opening.
9. Imperforate – there is no opening on the
hymen.
 MICROPERFORATE
ANNULAR HYMEN CRIB FORM HYMEN
HYMEN

CRESCENTRIC HYMEN LABIAL HYMEN SEPTATE HYMEN

 Classification of Hymen:
B. As to Structure and Consistency:
1. 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
haemorrhage.
2. thick yielding hymen with scarce blood vessels –
the hymen is distensible easily penetrated and
when lacerated will cause less bleeding.
3. Membranous hymen – hymen is parchment-like,
maybe transparent and may lacerate without pain
or appreciable bleeding.
1 2

3
 Classification of Hymen:

C. As to number of opening:
1. Single-orifice – having one opening
2. Septate – having two openings
3. Multiple – having several openings
4. Imperforate – without orifice
 MICROPERFORATE
ANNULAR HYMEN CRIB FORM HYMEN
HYMEN

CRESCENTRIC HYMEN LABIAL HYMEN SEPTATE HYMEN

B. DEFLORATION
Defloration 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.
2. Fourchette – the normal V-shape of the fourchette is lost
on account of the previous stretching during insertion of
the male organ.
3. Vaginal Canal – after repeated sexual acts, there is
diminution of the sharpness or obliteration of the vaginal
rugosities.
 Predisposing Causes of Vulvo-vaginal
Injuries During Sexual Act:
A. Virginity – sex organ does not have previous
experience to stretching or coital act.
B. Prepuberty – the genital organ is not yet fully
developed to subject it to full physiological
function.
C. Genital Disproportion – the male organ is
unusually big or female organ is infantile in size
in spite of adult age.
D. Unprepared Or Unaroused Female – the vaginal
secretion is absent, causing more friction.
UNAROUSED AROUSED
E. 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.
F. Brutality of the Male Partner During the Sexual
Act
G. Recent Vaginal Surgery – the canal may become
narrow and fibrous scar may replace the muscular
vaginal wall at the site of the surgery.
H. Excessive Active Involvement of the Female
Partner
I. Multiple Sexual Act Among Deviates
(Nymphomaniac Or Satyriatic) Or Multiple
Consort – continuous stretching and friction
may weaken it’s wall
J. Renewed Sexual Activity After Prolonged
Abstinence
K. Uterine Retroversion.
Parts of the Female Genitalia that Must be
Examined to Determine Defloration:

4. Hymen – the hymen is lacerated during the

initial sexual act. However it is not always the
case. Some hymen are thick, elastic and fleshy
such that they can resist certain degree of
distension without causing laceration .
“the fact that the hymen is intact does not prove
absence of previous sexual intercourse and the
presence of laceration does not prove
defloration”.
HYMEN
OTHER CAUSES OF HYMENAL LACERATION:

a. Passage of clotted blood during menstruation

b. Ulceration due to disease, like diptheria
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
 SEX CRIMES
Criminological Characteristics:
1. It is one of the ancient and universal crimes.
It exist since the dawn of history.
2. There is a close physical contact between the
offender and the victim. Murder and
homicide maybe committed with the
offender at a distance from the victim.
3. As a general rule, it is a crime committed by
one sex against the opposite sex.
 MEDICAL EVIDENCES IN RAPE:
1. Evidences from the victim
a. Date, time and place of alleged commission of
rape
b. Date, time and place of the examination
c. Condition of the clothings
d. The physician must observe the gait, facial
expression and the bodily and mental attitude of
the subject.
e. Physical and mental development of the victim
f. Examination of the body for signs of violence
g. Examination of the genitalia including the breast.
- breast must be examined for presence of finger marks.
- the vulva may show swelling, tenderness, contusion,
abrasion, laceration, or maybe smeared with blood,
semen, and other foreign bodies.
- the hymen may show fresh laceration, swelling or
bruising
- in the pubic hair the ff. Evidences maybe gathered:
pubic hair of the offender, semen and spermatozoa,
blood stains, body louse.
2. Examination of the alleged offender:

a. physical development, mental condition and

strength
b. evidence of physical injuries
c. condition of the sex organ
d. evidence from the pubic hair
e. potency of the offender
f. evidences of genital infection
 Examination for Seminal Fluid and
Spermatozoa:
Semen – is the viscid, albuminous fluid with faint
grayish-yellow color, having the characteristic fishy
odor, and containing spermatozoa, epithelial cells,
lecithin bodies, and other substances.
Spermatozoon – is a living organism, normally
present in the seminal fluid consisting of the head,
neck and tail.

There are 2.5 to 5.0 cubic centimeters per

ejaculation.
The following specimens maybe examined for
seminal fluid and spermatozoa:

1. Wearing apparel of the victim and of the

alleged accused
2. Vaginal smear from the victim
3. Stains of the body of the victim and of the
accused
4. Stains found at the site of the commission of
the offense.
PROCEDURES:
1. Gross Examinations:
a. inspection by means of the naked eye or
with the lens.
b. inspection by means of UV light
2. Micro-chemical Examinations
a. Florence test
b. Berbio’s test
c. Puramen reaction
d. Acid-phosphate test
3. Microscopic Examination:
a. staining method
b. Dr. Hankin’s Method
c. Ganguli’s method

4. Biological Examinations:
a. precipitin test (biological test of farnum)
b. seminal grouping.