RAPE

Rape is generally defined as unlawful sexual intercourse by a man with any

woman against her will without her consent or with her consent when it has
been obtained by unlawful means eg. fraud, putting her in fear of death or hut,
drugging or impersonation. In most jurisdictions, it is unlawful for a person in
position of authority to have sexual intercourse with any female under their
care / custody. such an act is designated as custodial rape.

Law on Rape In India :

Under section 375 IPC , rape is defined as unlawful sexual intercourse by a
man with his wife under the age of 15 years, with any other woman under the
age of 16 yrs, or above that age, against her will, without her consent, or with
her consent when it has been obtained by unlawful means. The unlawful
means are
a) Putting her or any other person in whom she is interested in fear of
death or hurt
b) Impersonation, that is when the man know that he is not her husband
and that her consent is given because she believes that he is another
man to whom she is or believe herself to be lawfully married
c) With her consent when at the time of giving such consent, by reason of
unsoundness mind or intoxication or the administration by him
personally or through another of any stupefying or unwholesome
substance , she is unable to understand the nature and consequences of
that to which she consents.
Section 376 IPC lays down the punishment for the offence of rape which may
extend from seven year to life imprisonment and also fine.

Custodial Rape : is defined as rape by person who are position of authority

eg. Police, officer, jail wardens, hospital staff.

Gang Rape : When a woman is raped by one or more in a group of persons

acting in furtherance of their common intention each is deemed to have
committed in gang rape.

Section 228 IPC Prohibits disclosures of the identity of the victim of rape.
Under section 327 CrPC the injury into and trail of rape or an offence under
section 376 IPC shall be conducted in camera and it is no lawful for any person
to print or punish any matter in relation to such proceedings except with the
permission of the court.

Medicolegal aspects of the various points emphasized in the definition of

rape

1) Indecent Assault
2) Valid consent

Unlawful
sexual intercourse,
by a man
of a woman against her will
by force
By impersonation
Their medicolegal implications

Unlawful :
This implies that there is such an act as a lawful sexual intercourse of a
women by a force or against her will.

Sexual Intercourse : In law, this term is held to mean the slightest degree
of penetration of the vulva by the penis with or without emission of semen
or rupture of hymen .

By man : In India, the law does not presume any limit of age under which a
boy is considered physically incapable of committing rape.

Of a woman : This means that an offence can only be committed against a

woman, and a woman therefore cannot rape a man although she may be
guilty of an indecent assault upon him.

Against her will : This is substance of the definition and raises a number
of important points. This essence of the offence is that it should take place
against the wishes of a woman, that is without her valid consent.

By Force : Under the Indian law, it is essential that the woman should
resist to her utmost. It would not amount to rape if after half hearted
resistance she gave consent.
Impersonation :
This may be possible 1) When the woman is under the effect of drink, drug,
illsion or hypotic trance.
2) If she is mentally defective
3) When she is asleep and
4) Rarely when she is awake but lying in the dark

EXAMINATION OF THE RAPE VICTIM

Informed consent of the victim should be obtained in writing in the
presence of witness if she is of and over the age of consent (twelve years of
age in India). If she is under the age of consent or a mentally subnormal
person, the written consent of the parent or guardian should be taken
(section 90 IPC) . The examination should be made in presence of a third
person, either a female nurse of a female relation unless the doctor happen
to be female doctor.

A Full examination will have as its principal features

1) The Preliminary : This includes name in full name, time of examination
2) The Statement : The statement of the victim in her own words must be
written down as much as possible words for word. The amount of
violence used, the position of the assailant, and the mode of attack
should be elicited .
3) Sign and Struggle :These should be looked for on the clothes and the
body. The clothing if they are the same as that worn at the time of the
 crime should be examined in good light for evidence of a struggle such
as tears in the fabrics , marks and mud or glass or stains of blood semen.

Examination of Genitals :
Local Signs of Violation : The presence or absence of blood stains about the
legs or vagina should be observed and if present , it should be ascertained
whether such stains could be due to menstruation or blood from victim or
assailant.

Genital Injuries : The vulva, hymen, vagina and the perineum should be
examined for any injuries. To determine the degree of hymental rupturing and
wheter this is recent or old, a glass rod with a small spherical head ( Glaister
keene Rod) warmed to body temperature .

The distensibility of the vagina should be noted in relation to the number of

finger it can admit without causing discomfort.

The extent of violence to the private parts will depend upon the age of the
victim and her previous condition with reference to intercourse, whether
virgin, sexually active or a child as discussed below.

Rape on a Virgin : Any bruising , laceration or swelling of the vulva is noted.

The labia are then opened by gentle traction in order to examine the hymen for
rupture . Laceration of this structure occurs with the first intercourse, and in a
virgin this is the principal evidence of the crime.
Rape of Sexually active Women : In women who have had considerable
intercourse , even without childbirth, the hymen is completely destroyed, the
vaginal orifice dilated and the mucous membrane wrinkled and thickened.

Rape on Children : In young children as the vagina is very small and hymen
deeply situated , the adult penis cannot penetrate it. In rare cases of great
violence, the organ may be forcibly introduced causing rupture of the vaginal
vault and associated visceral injuries.

Presence of Spermatoza and other microorganisms : Normally sperms

remain motile in the vagina for about six to eight hours and occasionally 12
hours. Non motile forms are detectable for about 24 hours with occasional
reports of 48 to 72 hours and very rarely 96 hours.

Sexually Transmitted Diseases (STDs)

The diseases for which the victims are at risk appear to be
a) Chlamydial infection
b) Gonorrhea
c) Syphilis
d) Chancre
e) Genital warts
f) Genital herpes
g) Trichomoniasi
h) Hepatitis B and HIV infection may be considered if the assailant
appearance to be so infected
The presence or absence of any urethral or vaginal discharge should be noted.
It may be due to gonorrhea, vaginitis , worms or uncleanliness. The presence
of sores should also be looked for. They may due to syphilis or chancroid.
Blood should be examined for T cells if there is suspicion of transmission of
HIV. A substantial drop of T cell count at the end of 3 weeks is a serious
warning and needs further investigation.

Collection of Laboratory Specimens :

In some jurisdictions sexual assault kits are provided by the law enforcement
agency. The contain packaging materials, and instruction for collection and
preservation of evidence that conform to standards laid down by the crime
laboratory .
The specimens to be collected from the victim for laboratory examination
include,
1) Clothing : stained torn, foreign matter
2) Scraping of dried blood stains
3) Scrapings of dried seminal stains
4) Hairs
5) Broken nails and debris from under the nails
6) Blood
7) Saliva
Mouth, pharynx, vagina , cervix and anus for spermatozoa, microorganisms ,
P30 glycoprotein and sexually transmitted disease .
The Inference :
This depends very much upon circumstances. The site of alleged offence may
be examined if it appears desirable. In children , the examiner must not
always expect signs of struggle as they are normally not capable of exercising
sufficient resistance to provoke injury.
The opinion as to commission of the crime of rape is based on a consideration
of
1) Scene examination
2) Signs of struggle
3) Presence of blood and / or seminal stains on clothes and body
4) Presence of seminal matter in the vagina
5) Transmission of venereal disease , and
6) Laboratory reports

False Accusation : The possibility of false accusation must be kept in mind. In

reality if it were not for the fact that rape can take place from fear, the
problem might be fairly easy to sovle for a fully conscious woman of normal
physique will resist having her legs separated by one man against her will. It
has been very aptly said, Rape is an allegation , easily made hard to prove and
harder to disprove. “

Follow up :
The aim is to aid the victim to recover from the traumatic experience of sex
assault and regain dignity and self respect. Accordingly , follow up involves,
1) Treatment of injuries
2) Tetanus prophylaxis
 3) Prevention and termination of pregnancy
4) Prevention and treatment of any sexually transmitted diseases,
5) Referral to crisis intervention centers for support by social workers and
psychiatrists.

Examination of The accused :

The principal features of the examinations are ,
Preliminary Data : This includes the name, age, occupation, address, brought
by whom, identification marks, consent for examination, time of examination
and brief history. In most jurisdiction (sec 53(1) CrPC 1973) an accused can
be examined and necessary evidence eg. blood swabs etc.

Physical Examination : The examiner should note the size and physique of
the alleged assailant to determine the ability of the victim to offer resistance
and to assess genital injuries sustained by her. The mental condition and any
signs of drunkness should be especially noted.
Signs of Struggle : A search shoulde be made for injuries which the victim
says she influcted on the assailant during the alleged struggle. The clothing
should be carefully examined for missing buttons or presence of foreign hairs,
foreign fabrics, lip sticks or make up soiling, mud stains , grass etc.
Genitals : Seminal stains and blood stains may be found about the pubic hair.
The blood stains, if dry should be scraped with a clean blunt scalpel and
preserved for examination. The penis should be examined for presence of
smegma under the prepuce.
 INCENT

This is the act of sexual intercourse by a man with woman within a

certain degree of blood relationship. A man may not have sexual intercourse
with a woman whom he knows to be his mother, daughter, sister or grand
daughter, nor a woman within the same limits of relationship. In India, incest
per se is not a congisable offence and police cannot take any notice of it unless
the offence can be brought into any of the penalizing sections, such as 376 and
497 IPC . The offence is probably more common than is thought of. The
commonest example is father and daughter and depends upon lust and
brutality. Instances of brothers and sisters are less common and may be due
to personality disorder or mental subnormality. Medical examination is
concerned with demonstrating evidence of habitual intercourse rather than of
fresh defloration.