Legal Medicine: Sexual Assault (PDF)

**OUTLINE** I. **Virginity and Defloration** II. **Sex Crimes** a. Art 266: Rapes b. Art 366: Acts of Lasciviousness c. Art 337: Qualified Seduction d. Art 339: AOL with consent of offending party e. Art 342: Forcible Abduction f. Art 343: Consented Abduction III. **Examinations of V...

**OUTLINE** I. **Virginity and Defloration** II. **Sex Crimes** a. Art 266: Rapes b. Art 366: Acts of Lasciviousness c. Art 337: Qualified Seduction d. Art 339: AOL with consent of offending party e. Art 342: Forcible Abduction f. Art 343: Consented Abduction III. **Examinations of Victims of Sexual Abuse** a. Preliminary Matters b. Forensic History c. Injury Documentation d. Ano-gential Injuries IV. **Examination of Seminal Fluid and Spermatozoa** +-----------------------+-----------------------+-----------------------+ | **LEGEND** | | | +=======================+=======================+=======================+ | ⭐ | 🖊️ | 📖 | | | | | | Must | Lecture | Book | | | | | | Know | *\[lec\]* | *\[bk\]* | +-----------------------+-----------------------+-----------------------+ I. VIRGINITY AND DEFLORATION {#i.-virginity-and-defloration.TransOutline} ============================ VIRGINITY {#virginity.TransSubtopic1} --------- - ⭐ CONDITIONS - Female - Have not experienced sexual intercourse - Gential organs have not been altered by carnal connection (SOLIS) - 🖊️Woman is presumed to be a virgin when she is [unmarried] *and of [good reputation]* KINDS OF VIRGINITY {#kinds-of-virginity.TransSub-subtopic2} ------------------ 1. **Moral Virgin** -- State of not knowing the nature of sexual life and not having experienced sexual relations. - 🖊️ Applies only to ages below puberty whose organ and secondary sex characteristics are not yet fully developed. 2. **Physical Virgin** -- a woman is conscious of the nature of sexual life but has not experienced sexual intercourse. - **True Physical** -- hymen is intact with the edges distinct and regular and the opening small to barely admit the tip of the smallest examining finger. - **False Physical** -- The hymen is unruptured, but the orifice is wide and elastic to admit two or more examining fingers with a lesser degree of resistance. 3. **Demi -- Virgin** -- a woman who permits any form of sexual liberties as long as they abstain from the sexual act. 4. **Virgo Intacta** -- no structural changes in her organ to infer previous sexual intercourse. - Has not given birth DEFLORATION {#defloration.TransSubtopic1} ----------- - Laceration or rupture of the hymen as a result of sexual intercourse. OTHER CAUSES OF HYMENAL LACERATION {#other-causes-of-hymenal-laceration.TransSub-subtopic2} ---------------------------------- - Passage of clotted blood during menstruation - Ulceration d/t disease - Jumping or running/ aerobics/ biking/ gymnastics/ horseback riding - Falling on a hard and sharp object - Medical instrumentation - Local medication - Self-scratching d/t irritation - Masturbation - Insertion of foreign bodies - Previous operation II. SEX CRIMES AND CRIMES AGAINST CHASTITY {#ii.-sex-crimes-and-crimes-against-chastity.TransOutline} ========================================== A. ART. 266-1: RAPE {#a.-art.-266-1-rape.TransSubtopic1} ------------------- - Committed by a man who shall have carnal knowledge of a woman under any of the following circumstances: - Through force, threat, or intimidation - When the offended party is deprived of reason or otherwise unconscious - By means of fraudulent machinations or grave abuse of authority - When the offended party is under 16 or is demented (RA 11648) - ⭐ **[EXEPTION TO THE RULE]**: when the a**ge difference between the parties is not more than 3 years** **[AND]** the **sexual act is consensual, non-abusive, and non-exploitative** - 🖊 Nonabusive is defined as the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, mental injury, or maltreatment, either with intention or through neglect during the conduct of sexual activities with the child victim. - 🖊 Nonexploitative is defined as the absence of attempt, actual or attempted acts or acts of unfairly taking advantage of the child's position of vulnerability, differential power, or trust during the conduct of sexual activities - ⭐ **[EXCEPTION TO THE EXCEPTION]** - If the victim is **under 13 years of age** 🖊 That is **[statutory rape]** CARNAL KNOWLEDGE {#carnal-knowledge.TransSub-subtopic2} ---------------- - Act of a man having a sexual bodily connection with a woman. - 🖊There is **no defined specific anatomic landmark** as to what would constitute the crime of rape. - It has been previously described as mere touching of the external genitalia of a penis as consummating rape. - It has been recently clarified as: - Rape of a female victim by a male person through **penile penetration** reaches the consummated stage as soon as the **penis penetrates the cleft of the labia majora** (also known as *vulval or pudendal cleft*, or the fleshy outer lip of the vulva, in **[even the slightest degree. ]** - Simply put, a mere introduction, however slight, into the cleft of the labia majora by a penis that is capable of penetration, regardless of whether such penile penetration is thereafter fully achieved consummates the crime of rape (People Vs Agao, Oct 4, 2022) #### RAPE THROUGH SEXUAL ASSAULT {#rape-through-sexual-assault.TransSub-subtopic3} - By any person, any gender, who under any of the circumstances mentioned in par 1, shall commit an act of sexual assault by: - Inserting his penis into another's mouth or anal orifice - Inserting any instrument or object into the genital or anal orifice of another person QUALIFIED {#qualified.TransSub-subtopic2} --------- - Use of deadly weapon by two or more persons - On the occasion of rape, the victim has become insane - Attempted rape and homicide is committed by reason or on the occasion thereof - By reason or on the occasion thereof, homicide is committed - The victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim - The victim is under the custody of the police or military authorities or any law enforcement or penal institution - Committed in full view of the spouse, parent, any of the children, or other relatives within the third civil degree of consanguinity - The victim is a religious engaged in a legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime. - The victim is a child below seven (7) years old - The offender knows that he is afflicted with Human Immuno-deficiency Virus (HIVV/Acquired Immune Deficiency Syndrome - (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim - When committed by any member of the Armed Forces of the Philippines or para-miliary units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime. - When by the reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability - The offender knew of the pregnancy of the offended party at the time of the commission of the crime. - The offender knew of the mental disability, emotional disorder, and/or physical handicap of the offended party at the time of the commission of the crime. B. ART 366: ACTS OF LASCIVIOUSNESS {#b.-art-366-acts-of-lasciviousness.TransSubtopic1} ---------------------------------- - The offender commits any act of lasciviousness or lewdness - It is done under any of the following circumstances: - Through force, threat, or intimidation - When the offended party is deprived of reason or otherwise unconscious - By means of fraudulent machinations or grave abuse of authority - When the offended party is under 16 or is demented - Offended party is another person of either sex {#section.TransSub-subtopic2} LEWD OR LASCIVIOUS CONDUCT? {#lewd-or-lascivious-conduct.TransSub-subtopic2} --------------------------- - Obscene, lustful, indecent, lecherous, signifying that form of immorality which has relation to moral impurity; or that which is carried on a wanton manner - Inferred from the nature of the acts themselves and the environmental circumstances C.ART.337 QUALIFIED SEDUCTION {#c.art.337-qualified-seduction.TransSubtopic1} ----------------------------- - **[Seduction]** is enticing a woman to unlawful sexual intercourse by the promise of marriage or other means of persuasion without the use of force. - **[There is actual sexual intercourse]**, not just carnal knowledge {#section-1.TransSub-subtopic2} TWO CLASSES {#two-classes.TransSub-subtopic2} ----------- 1. Seduction of a virgin **over 12 years old and under 18 years old** by persons who **abuse their authority, or the confidence reposed in them.** 2. Seduction of a sister **by her brother**, or **descendant by her ascendant,** regardless of her age or reputation ELEMENTS {#elements.TransSub-subtopic2} -------- - The offended party is a **virgin** - **\>12 yo and \12 yo and \12 yo and \ - It shall be the duty of the police officer of the examining physician, who must be of the same gender as the offended party, to ensure that only persons expressly authorized by the offended party shall be allowed inside the room where the investigation or medical or physical examination is being conducted (RA 8505 Section 4) B. FORENSIC HISTORY {#b.-forensic-history.TransSubtopic1} ------------------- - Time, date, and place of assault - Time, date, and place of examination - Number of suspects - List of all assaults - Use of protection if any - Alcohol or drug used or suspected of having been used - Injuries or symptoms thought to have been sustained/occurred as a result of the assault - Any suspect of memory loss - Physical resistance - Any other actions that might result in the deposition of DNA from the offender to the complainant C. INJURY DOCUMENTATION {#c.-injury-documentation.TransSubtopic1} ----------------------- - Record every significant or potentially significant injury or lesion precisely. - Shape - Color - Degree of swelling/blanching - Site - Size - Degree of healing if any - Presence of tenderness/discomfort - Head and neck injuries - Mouth and lips - Bruising on the buccal surfaces - Petechial hemorrhages on soft palate - especially when you suspect fellatio ( aka BJ) - Abrasions, bruises, and lacerations of the lips - Bites - Neck, shoulders, breasts, buttocks - Defensive wounds D. ANO-GENITAL INJURIES {#d.-ano-genital-injuries.TransSubtopic1} ----------------------- - Vulva and anus - Lacerations, swelling, bruising, bleeding, and discharge - Blood of suspected semen stains -- take samples - Pubic hair - Foreign material, hair, vegetation, dried seminal stains - Labia - Signs of trauma, perineal tears, lacerations - Clock orientation - SWAB: - Inferior of the labia and around the vaginal orifice - Margins and interior of the anus - The lower part of the vaginal walls - Upper vagina, cervix, and posterior fornix - Take at least 2 swabs - Necessary treatment should be provided as appropriate - Serious injuries such as stab wounds should be referred immediately - ⭐ **Note that the absence of injuries does [not] negate an allegation of sexual assault.** IV. EXAMINATION FOR SEMINAL FLUID AND SPERMATOZOA {#iv.-examination-for-seminal-fluid-and-spermatozoa.TransOutline} ================================================= - *The following specimens may be examined for seminal fluid or spermatozoa * - *Wearing apparel of the victim or alleged accused* - *Various smears that you have to swab from the victim eg. vaginal/anogenital smear, etc * - *Stains on the body of the victim or the accused* - *Stains found at the site of the commission of the offense if it is known * A. GROSS EXAMINATION {#a.-gross-examination.TransSubtopic1} -------------------- -  **Visual** -- grayish white to faint yellow  - 🖊️ In fabrics, the area occupied is slightly depressed. It has usually a **map-like appearance or contour with silvery appearance** of the surface of the fabric where seminal fluid is stained. When the seminal fluid is hardened on fabrics, it would have a shiny border.  - **UV Light** -- bluish fluorescence/bluish-silver  - 🖊️ Small seminal stains/patches  - Useful in screening but cannot be used as definitive evidence of the presence of semen. There are other things that would produce a positive result such as detergents or vegetable juices or other biological fluids. B. MICRO-CHEMICAL EXAMINATION {#b.-micro-chemical-examination.TransSubtopic1} ----------------------------- -  **Florence Test** -- test for the presence of choline  - (+) presumptive evidence of seminal fluid  - (-) the sample is not seminal fluid  - **Berberio Test** -- test for the presence of spermine (+) needle-shaped crystals, yellow in color  - 🖊️ Specific for **spermatic fluid** according to the book of Solis, but the reaction would probably depend on the presence of spermatic secretions  - **Puramen Reaction** -- test for the presence of spermine in prostatic **fluid ** - (+) yellow precipitate of spermine flavinate with cross like crystals  - 🖊️ According to the book of Solis, very reliable and rather characteristic when you see the positive result of the small cross-like crystals  - **Acid Phosphatase Test** -- strong presumptive evidence of the presence of semen  - (+) deep purple color in the slide  - (-) no change in color a C.MICROSCOPIC EXAMINATION {#c.microscopic-examination.TransSubtopic1} ------------------------- - Hematoxylin or methylene blue counterstained with eosin - Hankin's Method (carbol-fuchsin)  - Ganguli's Method (erythrocin and malachite green)  D.BIOLOGICAL EXAMINATION {#d.biological-examination.TransSubtopic1} ------------------------ - **Precipitin Test** (Biological test of Farnum) - Used to determine whether semen is of human origin or not - **Seminal Grouping ** - Specific agglutinable substances A and B are present in semen - Test for **elimination of possible suspect** - A positive result does not definitely imply that the person is the owner of the semen in question, but a negative result will exclude that alleged accused or perpetrator as the possible owner of the semen - Solis described this as something similar to blood typing E. OTHER TEST {#e.-other-test.TransSubtopic1} ------------- - **Prostate Specific Antigen (PSA)** P30 Molecule - Indicator of semen regardless of presence of spermatozoa - ⭐ DNA extraction and analysis - 🖊️ Most reliable test REVIEW QUESTIONS {#review-questions.TransOutline} ================ 1\. Lesions of impetigo may be mistaken for cigarette butt burns that are non-accidental in nature. a. True b. False 2\. Physical injuries should be treated regardless of presence of possibility of sexual crimes. a True b False 3\. Hanging is suicidal, strangulation is homicidal a\. True b\. False 4. A dead person found immersed in water but whose lungs appear normal in all respects could not have died of drowning c. True d. False 5. Self scratching of the perinuem due to irritation may cause defloration e. True f. False 6. Spillage of gastric contents in the larynx, trachea and bronchi is a common postmortem phenomenon. g. True h. False 7. Infanticide is intentional killing of child less than 3 days old i. True j. False 8. The presence of the all the classic signs of asphyxia is conclusive evidence of asphyxia k. True l. False 9. Exact cause of SIDS is unknown m. True n. False 10. PSA analysis for the presence of the P30 is the most reliable test o. True p. False REFERENCES {#references.TransOutline} ========== - 2025 COM-Transcription - Atty. Mundin, Bianca Nympha, M.D (2024). Sexual Assault APPENDIX ======== No appendices