Sexual Offenses PDF

Sexual offenses Dr. Isam ELHASSAN  Sexual offenses Are act of illegal sexual intercourse with another person or animal to obtain sexual gratification. ❖ Types of Sexual offenses:- Natural offenses: when the relation is between different sexes a...

Sexual offenses Dr. Isam ELHASSAN  Sexual offenses Are act of illegal sexual intercourse with another person or animal to obtain sexual gratification. ❖ Types of Sexual offenses:- Natural offenses: when the relation is between different sexes as in rape and incest. Unnatural offenses: when the relation is unnatural between the same sex or animal as in homosexuality and bestiality. Rape Defined as: "Unlawful sexual intercourse with a female without.her consent Rape will be defined as nonconsensual sexual penetration. Sexual assault will be defined as nonconsensual sexual contact N.B: The word ‘female’ is changed by the word person. National Definitions : Sudan Article (149) of the Sudan’s Criminal Act of 1991 Amen. 2015 defines rape …..who ever commit the offence of rape, by way of penetrating a sexual organ or any object or part of the body into the victim’s vagina or anus by way of using force, intimidation, or coercion by fear of the use of violence, detention, psychological persecution, temptation or abuse of power against the person or another person, or when the crime is committed against a person incapable of expressing consent because of natural cases or luring-related or related to age. Crime there is penalty against this crime. Sexual intercourse is held to mean the slightest degree of penetration of the vulva by the penis with or without emission of the semen. Unlawful: means outside the marriage bond. Without her consent: it means against her will. Sexual intercourse with a girl not yet 13 years old is rape according to the English law it is considered as a grave crime (serious crime). The act does not recognize consent until the age of 16. ❖ Conditions of consent For free consent; a woman must be above ??? Years, sane, conscious, not under the effect of fear, threatening, fraud or under influence of narcotics or anesthesia. Not under fraud: Impersonation of the husband during sleep is possible in married women but not in case of virgin. Another case of fraud is a doctor that stated to his patient that sexual intercourse is a method of treatment of infertility or a menorrhea. The consent in these cases is not a true one. ❖ Medical Examination for rape: Examination is important to confirm , or disprove of the sexual intercourse (rape). 1- Examination of the Victim: - 1- Her consent: The doctor should have permission before undertaking an examination. Such permission should be written or witnessed and a female (nurse, chaperone) present during the examination. 2- Her own full story: A full story in her own words: comparing with any story given before to the police (asked about the time, place, mode of attack, any violence applied, any narcotic given, whether introduction or emission occurred and any hemorrhage. 3- Her conduct & behavior. 4- Her age is estimated: If below18 years the consent is not valid. 5- Her mental condition. 6- Her physical development. 7- Signs of narcosis: This includes the smell of breath, state of consciousness, gait, pupils, pulse, temperature and chemical analysis of her blood and urine may be needed to determine the nature and amount of narcotic given. 8- Signs of general violence (resistance & struggle): The victim’s clothes for tears and lost of bottom. The victim’s body may show human bite marks and other injuries as head injuries and throttling. which nature and date of nd occurrence and 2 examination may be needed after 48 hours to show deep bruises. They are usually present around: ▪ The mouth and lips especially from inside on the buccal surface in order to prevent her from shouting and from rough kissing. Also the teeth causing abrasions, bruises and even lacerations of the buccal surface. ▪ The wrist, legs, breast and neck to prevent her from resisting and escaping. ▪ The inner aspect of the thighs to force them apart. 9- Signs of local violence on the external genitalia: the victim is put in the lithotomic position with good light, the labia majora are pulled apart to view the hymen. Abrasions or bruises of the vulva by assailant fingers; some times nothing than hyperemia of the vulva. There may be tender red swollen clitoris due to friction. Tear of the hymen in case of virginity. The date of rupture should be noted recent (less than one week) or old. And compared with date of the assault. Anus should be inspected. For lacerations, bruising, bleeding and discharge. Pubic hair lost by the assailant should be matched with that of suspect. 10- seminal stains: The average amount of seminal fluid in a single ejaculation is 3 cc of thick yellow white secretion containing about 500 million sperms. They may be present on: clothes, pubic hairs and inside the vagina can be examined by a swab from the posterior fornix.  The maximal time that the spermatozoa may remain in the vagina after coitus is about 7 days. Thus, the presence of sperms in the vagina does not necessarily indicate recent (within few hours) copulation, nor does their absence exclude its occurrence. 11- Other corroborative signs: Pregnancy may result from the assault and its age coincides with the assault. Venereal diseases may be contracted by the victim during the assault e.g. ▪ Gonorrhoea (purulant discharge appearing after an incubation period of about 3-5 days). ▪ Syphilis (incubation period of about 3 weeks). 11- Examination of the accused: 1- Consent for examination. 2- History : compare by one given before by him or by victim. 3- The age. 4- The mental condition. 5- His physical development. 6- Signs of general violence & struggle: As blood stains and hairs belonging to the victim, abrasions bruises and in the case of bite marks must be compared with the victims teeth, and with date of the crime. 7- Signs of local violence on the genitalia. 8- Venereal diseases. 9- Signs of impotence: It is the inability to erect and perform the sexual act, it should be differentiated from sterility which is the incapacity to procreate.  Incest Sexual intercourse between a man and a woman within certain degree of relationship. The commonest is father and daughter; less commonly brother and sister. The consent of the female in this case is not accepted.  Impotence ❖ Medicolegal aspects: proof of it may asked in: Rape: if accused put a defense of impotence. Claim of divorce: impotence can be accepted as a reason for divorce. Disputed paternity& legitimacy: where the alleged father claims impotency as a defence. ❖ Etiology of impotence: Physiologic: before puberty (