SUBJECT FORENSIC SCIENCE Paper No. and Title PAPER No. 14: Forensic Medicine MODULE No.31: Unnatural Sexual Offence & Sexual Module No. and Title Perversions Module Tag FSC_P14_M31 FORENSIC SCIENCE PAPER NO.14: Forensic Medicine MODULE NO.31: Unnatural Sexual Offence & Sexual Perversions TABLE OF CONTENTS 1) Learning Outcomes 2) Introduction 3) Unnatural Sexual Offences 4) Sexual Perversions/ Deviations/ Paraphilias 5) Summary FORENSIC SCIENCE PAPER NO.14: Forensic Medicine MODULE NO.31: Unnatural Sexual Offence & Sexual Perversions 1. Learning Outcomes After studying this module, you shall be able to know about- Various types of Unnatural Sexual Offences Examination findings in various types of Unnatural Sexual Offences Various types of sexual perversions Medico-legal aspects of Unnatural Sexual Offences & Perversions 2. Introduction “We cannot all succeed when half of us are held back”. Malala Yousafzai Unnatural sexual offences are described under section 377 IPC, which states that: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine” 3. Unnatural Sexual Offences 1. Sodomy Sodomy (buggery or Greek love) is the anal intercourse between two men or between a man and a woman. This practice was prevalent in ancient Greek. It derives its name from the historical city of Sodom, where it was supposed to have been practiced. The main offender in sodomy is called the active agent and the opposite partner is termed as the passive agent. If the passive agent is a child, the practice is known as paederasty and the passive agent is called catamite. FORENSIC SCIENCE PAPER NO.14: Forensic Medicine MODULE NO.31: Unnatural Sexual Offence & Sexual Perversions If the passive agent is old person then it is termed as gerontophilia. Prevalence: It is more frequent among the people living in hostels, military barracks, prisoners and sailors who are isolated from women for long periods and also commonly seen among poor socio economic status. Medico-Legal Examination of an Alleged Victim of Sodomy/Buggery: Preliminaries: Preliminary examinations are almost same like any other medico legal examination. A written requisition from the magistrate or police is required for undergoing examination. Informed consent, duly filled up in front of the witnesses is a must. General information are registered (name, age, sex, marital status etc.). Detailed history is taken. General physical examination is done. Gait is looked for, whether painful or normal. Clothings are examined for any damage, stains, pubic hair etc. Local examination: Local examination is done in a knee-elbow position and the following points are noted: Look for any pain or tenderness during the examination. Presence of any smears of any lubricant or any loose foreign body. Presence of perianal abrasion. The severity of the abrasion is dependent on the relative proportion between the size of the penis of the assailant and the anal sphincter of the victim. These are most marked in children. Presence of perianal bruising. Extension of the injuries into the anal canal. Anal lacerations are usually triangular and based at the external sphincters, with the sides extending horizontally inward, but rarely more than 2 to 3 cms since usually the penile penetrations are limited by the strong contraction of the sphincter ani muscle. These lacerations usually result in bleeding onto the thigh and clothing. FORENSIC SCIENCE PAPER NO.14: Forensic Medicine MODULE NO.31: Unnatural Sexual Offence & Sexual Perversions In case of presence of fresh or dried semen in and around the anus, it should be swabbed properly packed, sealed, labeled and sent through the accompanying police officer to the Forensic Science Laboratory for further serological and microscopical examination. In case of a victim not habitual to sodomy, a digital examination per annum is very painful. In case of a habitual victim, blood stains may not be visible. Loose foreign pubic hair or smears of lubricant etc. may not be visible. Usually the perianal hair is shaved off. During the examination, a habitual person doesn’t feel any pain or tenderness during the examination and the external sphincters are relaxed when bimanual traction is applied to the buttocks (lateral traction test). In a habitual person, the following findings are seen: Funnel-shaped depression of the buttocks towards the anus. The perianal skin is thickened and keratinized from constant friction. Anus is dilated and patulous with loss of rugosity of the mucous membrane. There may be presence of fresh or old fissures (tunneling) Rectum shows prolapsed mucosa which is thickened with disappearance of radial folds. There may be evidence of STDs. Digital examination is relatively less painful. Medico-Legal Examination of the Assailant: Examination of the active agent follows the same protocol as examination of the alleged rape accused. But in an alleged case of sodomy, the shaft of the penis may reveal traces of fecal matter or lubricant instead of vaginal epithelium. FORENSIC SCIENCE PAPER NO.14: Forensic Medicine MODULE NO.31: Unnatural Sexual Offence & Sexual Perversions 2. Lesbianism / Tribadism / Sapphism Lesbianism is the physical expression of female homosexuality. It typically involves mutual masturbation and occasionally active-passive relationship, by clitoral/digital/lingual-vaginal stimulation, or the use of artificial phalluses. The term “lesbianism” and “sapphism” are derived from the island of Lesbos (Portugal) where the female population, ruled by Queen Sappho, indulged themselves in this act. The word tribadism is obscure. An active lesbian, who is most often a transvestite or trans-sexual is known as a “butch” or “dyke” and the passive agent is called a “femme”. Lesbianism is extremely difficult to prove, unless there are traces of fresh/dried saliva or buccal mucosal cells detected on or around the external genitalia or injuries resulting from forcible introduction into the vagina by artificial phallus. 3. Buccal Coitus (Oral Sex) Buccal coitus is also called “Sin of Gomorrah” because, as per history, there is alleged prevalence of the practice in Gomorrah, the Biblical twin city of Sodom. The term indicates penile or vaginal buccal sexual gratification and can thus be performed by both male and female. Fellatio: Buccal-penile intercourse is called fellatio. The partner who performs the act is known as the “fellator” and the one on whom it is performed is the fellatee. Cunnilingus: Buccal-vaginal stimulation is referred to as cunnilingus. The only material evidence of commission of the offence would be presence of spermatozoa in the buccal cavity or presence of fresh/dried saliva or buccal mucosal cells on the penis. 4. Bestiality Bestiality is the sexual intercourse with a lower animal. The animals usually selected are cows, mares, bitches, female sheep/donkey/goat and large bird (by males) and bulls, horse, dogs, male sheep/donkey/goats (by females). It is characteristically the act of an isolated farm worker, who are psychologically weak and is the object of ridicule by everyone or is timid enough to approach the opposite sex. He then overcomes the humiliation by having sexual intercourse with an available and usually compliant companion like a lower animal. FORENSIC SCIENCE PAPER NO.14: Forensic Medicine MODULE NO.31: Unnatural Sexual Offence & Sexual Perversions Bestiality is also the product of superstition in many places in India where the ignorant males firmly believes that, having sexual intercourse with a female donkey cures gonorrhea. On examination, injuries inflicted by the animal will be seen over the offender. Very typically, hair/ feathers/ blood stains of the animal will be present in and around the genitalia and also on the clothing of the person. Human or seminal stains may be present in and around the genitalia of the animal. 4. Sexual Perversions/ Deviations/ Paraphilias 1. Exhibitionism: Exhibitionism is type of sexual perversion where sexual gratification is obtained by exposing genitals to an unsuspecting stranger or in public place. Exhibitionism may or may not be associated with masturbatory acts. Males are the most common perpetrators and the victims are usually children or unsuspecting females or person of opposite sex. Exhibitionism is punishable under Section 268 IPC, Section 290 IPC, Section 294 IPC & Section 509 IPC. 2. Fetishism: Fetishism is obtaining sexual gratification by using or thinking about an inanimate object or part of the body. The fetish or inanimate object is generally a piece of cloth (e.g., underwears, suspenders, petticoat, stocking or even shoe or sandal of the opposite sex). Sometimes even silly things like garland or flower from the opposite sex or picture of the female is also suffice. Usually the fetish is stolen and the genitals are rubbed with it till ejaculation occurs. Even looking at the fetish may produce the same effects. This is almost exclusively seen in males. The fetishist may commit theft or robbery or woman may be attacked to get the fetish. FORENSIC SCIENCE PAPER NO.14: Forensic Medicine MODULE NO.31: Unnatural Sexual Offence & Sexual Perversions 3. Frotteurism: Frotteurism (French frotter, to rub) is obtaining sexual gratification by rubbing one’s genitalia against others in crowd and public places. These are often seen with other paraphilias like voyeurism, exhibitionism etc. It is punishable under section 354 IPC (outraging the modesty of a woman) as well as all other IPCs described under exhibitionism. 4. Lust Murder: Lust murder or erotophonophilia is homicide in which the offender gets sexual gratification by killing the partner. This is considered as extreme form of sadism. Most lust murderers are males but females are also known. It is manifested by murder during sexual intercourse, mutilation of the victim’s sexual organs, cutting or stabbing of breasts, lower abdomen, insertion of objects in bodily orifices, masturbating over the dead body etc.