Sexual offences: Rape case examination
Sexual offences: Rape case examination
A) Examination of victim
- Victim cannot be examined without written informed consent.
- written consent: age of victim is above 12 years.
- parent/guardian written consent: victim below 12 years.(Sec 90 IPC).
- should be examined by or under supervision of a female RMP (Sec. 53(2) CrPC).
- Disclosure of name of rape victim punishable under Sec. 228-A IPC
External and local examination:
a) Signs of struggle on clothes (tear, blood, semen), mud etc.).
b) Lithotomy position for genital examination.
c) Body and genitals (abrasion, contusion, bites or nail marks etc).
d) Presence of the semen in the vagina( confirmes sexual intercourse).
e) Presence of spermatozoa in the vagina.
f) Presence of smegma bacilli in vagina is suggestive of coitus.
g) Toludine blue dye 1% (TBD) can be used to identify abrasions not seen by the naked eye and sometimes even with use of a colposcope.
h) Sperms remain motile:
a. In vagina for about 6-8 h,
b. occasionaly upto 12 h,
c. rarely upto 12 h.
i) non-motile forms are detectable for about 24h, with occasional reports of 48-72h.
j) If motile sperms were seen in wet smears on slide:-confirms intercourse within 12 h
B) Examination of accused:
1) can be examined even without his consent (Sec 53(A) CrPC).
2) Presence of torn frenulum is consistent with a recent intercourse.
3) The presence of smegma under prepuce is inconsistent with recent intercourse.
4) Presence of vaginal epithelial cells on penis can be detected by lugol’s iodine.
5) Presence of smegma in vagina is suggestive of recent sexual intercourse, while its presence under prepuse rules out recent intercourse.
sec 376 laws for intercourse NOT rape.
- (376 A)→ Intercourse with his own wife living separately under a decree of separation or under any custom without her consent is punished with imprisonment upto 2 years and also fine.
- (376 B)→ Intercourse (not amounting to rape) by public servant.
- (376 C)→ superintendent or manager or attendent.
- (376 D)→ any member of management of staff of hospital
Exam Important
- written consent: age of victim is above 12 years.
- parent/guardian written consent: victim below 12 years.(Sec 90 IPC)
- Toludine blue dye 1% (TBD) can be used to identify abrasions not seen by the naked eye and sometimes even with use of a colposcope.
- Sperms remain motile: rarely upto 12 h. occasionaly upto 12 h, In vagina for about 6-8 h.
- non-motile forms are detectable for about 24h, with occasional reports of 48-72h.
- If motile sperms were seen in wet smears on slide:-confirms intercourse within 12 h
- Presence of smegma in vagina is suggestive of recent sexual intercourse, while its presence under prepuse rules out recent intercourse.
