SEX CRIMES

CONCEPT OF SEX CRIME

It is triggered by emotion. A person who commits a sex

crimes has lost control of his emotions. It is not
something you can set out and analyze. It is a
compulsion coming deep within the offender.

Gratification of the sex urge is often done in strange and

morbid methods. It involves an addiction. Sex is a
normal need, hence, this must be considered in the
investigation of the sex crimes.
Most offenders have their peculiar way to commit crime.
 SEXUAL OFFENSES and DEVIATION

1. SEXUAL HARASSMENT
-any person by uttering obscene languages as well as
the unconventional sexual acts which are not in
conformity with the standards of society.
2. SEXUAL ASSAULT
-considered as the “genderless crime which involves
unconventional sexual acts of violence and aggression on
the genital and oral orifice of another.
 SEXUAL DEVIATION

An unnatural sexual behavior of a certain individual

which is done usually in private but maybe done in
public or bizarre manner.
 CATEGORIES OF PECULIAR WAYS OF SEX OFFENDERS OR
SEXUAL DEVIATIONS

FETISHISM

Refers to a person who satisfied sex urge through wearing and

touching the object an object (Ex. Underwear of a woman)
compulsively used in attaining sexual gratification.

Fetishistic disorder is characterized as a condition in which there is a

persistent and repetitive use of or dependence on non-living objects,
(such as undergarments of high-heeled shoes) or a highly specific
focus on body parts( most often non-genital, such as feet).
Ritualism
Sex offenders of this category use the same approach or pretext all
the time. This will help in solving serial rapes by analyzing the
peculiar ritual used.
Sexual offenders are as ritualistic in their sexual predations as others who
are sexually active. (Ex. Couples who have been together for some time
almost intuitively know when their partners are sexually receptive.
The manner in which in which certain words are spoken or certain
gestures are made, or the way in which any of a great many words or
deeds are committed or omitted, can carry sexual messages).
SEX FANTASY OR DREAM WORLD

The sex fantasy overcome the offender who puts his dreams to
reality to see if he will feel even better and its importance to him.

SADISM
These two are partners. Sadism is an act who
gets pleasure by inflicting pain while
masochism gets pleasure through being harmed.
MASOCHISM
= SADO-MASOCHISM
VOYEURISM

An example is a “peeping tom”, the practice of gaining sexual

pleasure from watching others when they are naked or engaged in
sexual activity.
NYMPHOMANIA NECROPHILIA

Nymphomaniac-Excessive sexual desire in and behavior

by a female.
 (FYI) OTHER SEXUAL DEVIATIONS
MIXOSCOPIA CUNNILINGUS NARCISM NECROPHILIA

PLURALISM TRIBADISM TRANSVETISM SATYRISM

TROILISM MANNIKINISM GERONTOPHILIA NECROPHILIA

INCEST DON JUANISM PYGMALIONISM PEDOPHILIA

PARTIALISM FELLATIO LUST MURDER NYMPHOMANIA

(NECROSADISM)
 OTHER TERMS CONNECTED WITH SEX CRIMES
SODOMY

Sexual intercourse thru anus or anal sex.

ORAL SEX

Sexual perversion where gratification is thru the mouth.

BESTIALITY

Sex gratification is thru sexual intercourse with animals like pets such as
dogs, cats, etc.

IMPOTENCY

The failure to have erection of male organ.

STERILITY

The failure to procreate or produce offspring. A man

may not be impotent but sterile and vice versa. A
woman is never called impotent but may be sterile
 VIRGINITY
It is the condition of a woman where the hymen of her
vagina is still intact or unruptured. It does not mean that
when the hymen is intact, there is no case rape. The more
touching of the labia majora (major lips) of the pudendum
(vagina) by the male organ is considered as consummated
rape because there is a slight penetration. Virginity is not an
element in the crime of rape because even the prostitute who
is a veteran of many foreign wars could be a complainant.
 Virginity
• Is a condition of a female who has not experience sexual intercourse
and who's genital organs have not been altered by carnal connection.
• A woman is a “virtuous female” if her body is pure and she has never
had any sexual intercourse with another, though her heart and mind is
impure ( Thomas v. State, 19 Ga. App.104, 91 S.E. 247, 250).
• The presumption of a woman’s virginity arises whenever it is shown
that she is single and continuous until overthrown by proof to be
contrary (U.S. v. Alvarez, 1 Phil. 242). A woman is presumed to be a
virgin when unmarried and of good reputation.
 Kinds of Virginity
• Moral Virginity – state of not knowing the nature of sexual life
and not having experienced sexual relation.
• Physical Virginity – condition whereby a woman is conscious of
the nature of sexual life but has not experienced sexual
intercourse.
– True Physical Virginity – a condition wherein 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 thighs are separated.
– False Physical Virginity – 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.
• Demi-Virginity – refer to a condition of a woman who permits
any form of sexual liberties as long as they abstain from
rupturing the hymen by sexual act.

• “Virgo Intacta” – refer to a truly virgin woman; that there are

no structural changes in her organ to infer previous sexual
intercourse and that she is virtuous woman.
 LABIA MAJORA AND LABIA MINORA

Labia majora is an elastic and pulp and its medical borders are usually in
close contact with each other so as to cover the labia minora and the clitoris.
Labia minora is soft, pinkish in close contact with one another, and its
vestibule is narrow.
Fourchette – V-shaped appearance as the two labia minora unite
posteriorly.
 CLASSIFICATION OF HYMEN

1. Annular or circular

Opening is oval or circular located at the center of the hymen.

2. Semilunar or Crescentic

The concavity may be facing either side or upwards or downwards.

3. Stellate

Hymen opening is like a star.

4. Septate

There are two openings which may be of equal or different sizes separated by a
bridge of hymenal tissue.
5. Fimbriated

The border of the opening shows small irregular protrusion toward the
opening.
6. Crib form

The hymen presents several opening instead of single one.

7. Imperforate

No opening of the hymen.

8. Parous Introitus

Big opening in the hymen.

9. Linear

Ther opening is slit-like and usually running vertical.

10. Infantile

Opening is small, usually linear, fleshy and resistant.

 PARTS OF THE FEMALE BODY TO BE CONSIDERED IN THE
DETERMINATION OF VIRGINITY
Vaginal Canal

Hymen

Two labia

Fourchette

Breast (Mammary Gland)

Breast (Mammary Gland)

Are functionally related to the reproductive system since they secrete milk for
nourishment of young child.
1. Hemispherical Breast

The breast is like hemisphere. The contour lines are not straight but form part
of a circle or half of a sphere.
2. Conical Breast

The breast has the shape similar to a cone. The outline consists of the
converging lines which meet the region of the nipple.
 3. Pendulous Breast

The skin of the breast is loose making it capable of swinging in any direction.

A. Hemispherical Pendulous Breast

It has the shape of a hemisphere but with loose skin.

B. Conical Pendulous

It has the shape of cone and is capable of swinging sidewise.

 4. Infantile/Flat Breast

Bisan pag unsaon nig ambak sa new year wala njud ni :>
 DEFLORATION
• Is the laceration or rupture of the hymen as the result of sexual
intercourse.
Parts of the female genitalia that must be examined to
determine defloration:
• Condition of the vulva – Normally the labia majora and
minora are in close contact with one another but after
defloration, labia may gape exposing the introitus vulvae.
• Fourchette – V-shape of the fourchette is lost on account of the
previous stretching during insertion of the male organ.

• Vaginal canal – there is diminution of the sharpness or

obliteration of the vaginal rugosities. A general the vaginal canal
of a virgin is tight.
 VIGINA INJURED CAUSES:
1. Virginity
2. Prepuberty
3. Genital Disproportion
4. Unprepared or Unaroused female
5. Position during sexual act
6. Brutality of male partner during sexual act
7. Recent vaginal surgery
8. Excessive active involvement of female partner
9. Multiple sexual act among sex ( Nymphomaniac or satyriatic )
10. Renewed Sexual activity after prolonged abstinence
11. Post-Menopause
 Other causes of hymenal laceration:
• Passage of clotted blood during menstruation
• Jumping and running
• Ulceration due to disease
• Falling on hard and sharp object
• Medical instrumentation
• Local medication
• Self-scratching due to irritation
• Masturbation
• Insertion of foreign object
• Previous Operation
IMPORTANT PROVISION OF R.A 8353 (ANTI-RAPE LAW OF 1997)

TITLE: “AN ACT EXPANDING THE DEFINITION OF

THE CRIME OF RAPE, RECLASSIFYING THE SAME AS
CRIME AGAINST PERSONS, AMENDING FOR THE
PURPOSE ACT. 3851, AS AMENDED, OTHER WISE
KNOWN AS THE RPC, AND FOR THE PURPOSES”

“ THE RAPE LAW OF 1997” (SEPTEMBER 30, 1997)-A

“CHAPTER 3” “RAPE”
ARTICLE 266-A. RAPE: WHEN AND HOW COMMITTED
1. By a man who shall have carnal knowledge of a woman under any of
the ff. circumstances.
a. Through force, threat and intimidation
b. when the offended party is deprived of reason or otherwise
unconscious;
c. By means of fraudulent machination or grave abuse of authority
d. When the offended party is under (12) years of age or is demented,
even though none of the circumstances mentioned above be present.
(Statutory Rape)
2. By any person who, under of any 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.
 RAPE
• IMPOSSIBLE CRIME OF RAPE
Raping a dead person believed to be alived by the offender
• Rape could be committed on Male person
• Marital Rape could also now be committed by the
husband
• The insertion of the penis or objects into the mouth,
genitals, or anal orifice of another person with carnal
knowledge is rape.
• Rape as Crime against Person
The law considers that any woman, whether a prostitute,
non-virgin, or one who has an active sexual life maybe
victimized by rape.
• A public Offense
Anyone has knowledge of the crime may file a case on the
victim’s behalf. Prosecution continues even if the victim
drops the case or pardons the offender.
• Who can be raped?
Anyone

• Who can commit Rape

Any man or woman may be held liable for rape.
 How is the Crime Punished?
• Reclusion Perpetua
Is imposed on the offender if rape is committed through
sexual intercourse.
• Prision Mayor
If rape was committed through oral or anal sex or
through use of any object or instrument that was inserted
into the mouth or anal orifice of the woman or man.
• This may be elevated to Reclusion temporal or
Reclusion Perpetua depending on the circumstances
surrounding the crime.
 Evidence in the Investigation of Rape
• Panty or other clothing of the victim. Physical
examination of the victim to determine signs of force
such as injuries or the presence of seminal fluids
inside her organ. Physical examination of the suspect
and the examination of his clothing. Relevant matters
at the scene of the crime. Testimonies of witnesses if
there is any. Written complaint of the victim.
 Evidences that must be consider in a rape cases:

Semen

Evidence on the Victim and suspects

Clothing

Fingernails Scraping
Lasciviousness
• The elements of acts of lasciviousness under art.
336 of the revised penal code are ass follow :
1. That the offender commits any act of lasciviousness
or lewdness.
2. That it is done under any of the following
circumstances:
a. By using force of intimidation; or
• b. when the offended party is deprived of reason
or otherwise unconscious; or
• c. when the offended party is under 12 years of
age.
• 3. that the offended party is another person either
sex.
• Concept: the act of making a physical contact with the body of
another person for the purpose of obtaining sexual gratification
other than, or without intention of, sexual intercourse.

1. The contact may be by the body of the accused such as by the lips,
hands, foot; or by means of any object or instrument. In either case there
must be no form of insertion into the anus, mouth or sex organ amounting
to rape through sexual abuse.
• 2. It is distinguished from Attempted Rape in that
there is no intent to have sexual intercourse with the
victim. The intent may be inferred from the
circumstances of time, place, and occasion, or
inferred from the nature of the act itself.

3. It is distinguished from Unjust Vexation in that

there is no lewd design in unjust vexation
• Example: (i) The acts of an ardent lover such as kissing, embracing
arising from his passion, are unjust vexation merely. (ii). The touching of
the private parts of a woman out of curiosity is unjust vexation.

4. If the acts of lasciviousness (including sexual intercourse) is performed

upon a child exploited in prostitution or other sexual abuse (i.e. abuse
other than the acts of lasciviousness such as when the child is the subject
of an obscene publication or pornography or of indecent shows) whether
male or female, the acts would constitute sexual abuse punished under
R.A. 7610 ( The Child Abuse Law) ( Olivarez vs. C.A., July 29, 2006)
• According to Section 32, Article XIII, of the implementing rules
and regulations of the Child Abuse Law (RA. 7610), lascivious
conduct is defined as "the intentional touching, either directly or
through clothing, of the genitalia, anus, groin, breast, inner thigh, or
buttocks, or the introduction of any object into the genitalia, anus
or mouth, of any person, whether of the same or opposite sex, with
an intent to abuse, humiliate, harass, degrade, or arouse or gratify
the sexual desire of any person, bestiality, masturbation, lascivious
exhibition of the genitals or pubic area of a person."