Sexual Offenses and Rape Definitions in Sudan

Sexual Offenses

• Sexual offenses involve illegal sexual intercourse with another person or animal to gain sexual gratification.
• Types of sexual offenses:
  • Natural offenses: Occur between different sexes, including rape and incest.
  • Unnatural offenses: Involve unnatural relations between people of the same sex or between a person and an animal, such as homosexuality and bestiality.

Rape

• Defined as unlawful sexual intercourse with a person without their consent. (Note: "female" is replaced with "person" in some definitions).
• Rape is nonconsensual sexual penetration.
• Sexual assault is nonconsensual sexual contact.

National Definitions (Sudan)

• Article 149 of Sudan's Criminal Act of 1991 (amended 2015) defines rape as:
  • Penetration of a person's vagina or anus by a body part or object using force, intimidation, coercion, violence, detention, psychological harm, temptation, or power abuse.
  • The act is considered rape if it targets a person incapable of giving consent due to age, natural causes, or luring.
  • Legal penalties apply for this crime.

Consent for Examination

• A doctor performing an examination of a rape victim must obtain the victim's consent, ensuring it's documented in writing or witnessed.
• A female chaperone or nurse must be present during the examination.

Victim's Story

• The victim must provide the full account of the incident in their own words.
• The account should detail the time, place, mode of attack, violence used (if any), sedatives, sexual penetration, and any injuries, inclusive of hemorrhaging.

Victim's Condition and Conduct

• The victim's behavior and general conduct should be assessed.
• The victim's age is crucial, as consent is not valid if underage (usually 16).
• The victim's mental state needs evaluating.
• A physical examination is needed.

Signs of Narcosis/Sedation

• Examiners should evaluate for signs of prior sedative or narcotic use.
• This includes assessing breath odor, level of consciousness, gait, pupils, pulse, and temperature.
• Chemical analysis of blood and urine can confirm/quantify these factors.

Signs of Violence/Struggle

• The clothing of the victim should be examined for tears or damage linked to the attack.
• Examination for bite marks, injuries such as head injuries, or throttling is needed.
• Any injuries, particularly bruises, might need two (2) days for deep bruising to appear clearly.

Signs of Local Violence (Genitalia)

• During the examination, the victim is placed in a lithotomic position and a detailed view of the hymen is observed.
• Abrasions or bruises to the vulva might be caused by the assailant's fingers.
• Tender red swelling in the clitoris is possible due to friction.

Hymen Examination

• In cases of suspected virginity, examination is performed to look for tears in the hymen.
• Distinguishing between recent tears and older scars is critical.
• The anus needs examination for lacerations, bruising, discharge, etc.

Seminal Stains

• The average amount of semen during ejaculation is 3cc containing about 500 million sperms.
• Semen may be found on clothing or pubic hair of the victim, or inside the vagina (using a swab from the posterior fornix).
• The presence of sperms within the vagina can potentially last up to 7 days post coitus.

Corroborative Evidence (Other)

• Pregnancy resulting from assault, and the age of the pregnancy matching the assault, can provide evidence.
• Venereal diseases, like gonorrhea (with a 3-5 day incubation time, or syphilis with a longer 3 week incubation time), contracted during the assault, could also be evidence.

Examination of the Accused

• Accused consent for examination is required.
• History and details provided by both the accused and the victim should be evaluated and compared.
• The accused must undergo a physical examination for age, mental condition, physical development, and signs of violence.

Impotence

• Impotence means the inability to perform or achieve an erection during sexual intercourse.

• The cause can be physical or psychological.

• Impotence can be a defense in rape cases or a ground for divorce.

Diagnosis of Impotence

• General examination: Evaluating physical characteristics and health conditions.
• Physical examination: Checking for injuries, abnormalities, disease, etc.
• Assessment: Psychological evaluation for any causes related to fear or psychological traumas.

Incest

• This is sexual intercourse between a man and a woman within a certain degree of blood relation.
• The most common cases involve fathers and daughters, and less commonly, brothers and sisters.
• Consent from the female is not accepted in these cases.

Sodomy

• Anal intercourse between two males is considered sodomy.
• The person performing the act is the active agent, the other person is the passive agent, and is usually a younger person.

Diagnosis of Sodomy

• Seminal stains on undergarments, particularly on younger boys (pre-puberty).
• Characteristic behaviors (in gait, dress, speech, or positioning) may indicate homosexuality.

Examination of the Passive Agent

• The exam is usually performed in a knee-elbow position, requiring prior consent
• General evaluation: Age, build, occupation, gait, attire, etc.
• Signs of struggle, similar to rape cases, are important pieces of evidence.

Local Examination (Sodomy)

• The anal orifice is dilated, showing mucus membrane prolapse.
• The sphincter loses its normal tone, sometimes revealing radial folds loss.
• Dilated anal opening can occur in post-mortem, so it's not a reliable indicator in that state.

Other related issues

• Various degrees of hemorrhoids, fissures, or fistulas can be common.
• Perianal hair can be matted together with semen residue.
• Swabs can be taken from the rectum and anus to check for sperm and venereal diseases.

Examination of the Active Agent

• General body built, age, and mental status are important.
• Signs of struggle on the clothing, bruises, injuries, and different stains (semen, fecal matter) will help the investigator.
• Local examination: Bruises, abrasions, traces of blood or foreign hair are important signs to locate.
• Assessing disproportion between the size of the anus and the penis can aid in determining the potential for unnatural sexual acts.

Other Unnatural Sexual Offenses

• Tribadism: This is lesbianism or sexual contact between two females for pleasure.
• Bestiality: Sexual contact between a human being and an animal.
• Buggery: Often a form of homosexual activity involving anal intercourse between a male and a female.
• Necrophilia: Sexual activity with a deceased body.

Abnormal Sexual Perversions

• These deviations involve abnormal behaviors achieving sexual gratification without sexual intercourse.
  • Sadism: Sexual pleasure by causing pain. Extreme cases can include murder.
  • Masochism: Sexual pleasure from receiving pain.
  • Fetishism: Sexual attraction to objects or body parts.
  • Exhibitionism: Exposing one's genitals in public for arousal.
  • Transvestism: Wearing clothing of the opposite sex for sexual pleasure.

This quiz explores the definitions and classifications of sexual offenses, with a particular focus on the legal framework in Sudan. It covers different types of sexual offenses, including natural and unnatural offenses, as well as detailed insights into the legal definition of rape according to Sudan's Criminal Act.