Sexual

Offences

@ Francis N.P. Monteiro 1

 Key Points
▪ Sections of Malaysian Penal Code applicable in Rape: Sec. 375 & 376.
▪ Statutory Rape (Sex with a girl below 16 years of age is statutory rape,
regardless of whether she consents to it or not) is defined under Sec.
375(g) of Malaysian Penal Code.
▪ Seminal stains can be detected on clothes or any other surfaces using an
ultraviolet lamp (seminal stains are fluorescent to UV light or Wood’s
lamp).
▪ In child victim since the vagina is small, it is difficult to penetrate the adult
male organ into the vagina.
▪ In case of slight vaginal penetration in a child victim, hymen may not get
ruptured because in children the hymen is deep seated.
▪ The initial rupture of the hymen from penile penetration is likely to occur in
the posterior, especially at the 6 o’clock position.
▪ In penile penetration the tear of the hymen extend up to the vaginal wall.
▪ In sodomy when the passive agent is a child, who is known as 'catamite".
▪ Gerontophilia means there is sexual attraction or preference for an aged
partner. 2
@ Francis N.P. Monteiro
 Short Essays
Classify Sexual Offences

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 Types of Sexual Offences

I. Natural: Rape, incest, adultery.

II. Unnatural: Sodomy, lesbianism, bestiality,

buccal coitus.

III.Sex-linked offences: Indecent assault,

sexual perversions, offences under the
immoral traffic act.
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 Short Essays
Explain Sec. 375 & 376 of Malaysian Penal Code

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 Definition of Rape – MPC 375

A man is said to commit "rape" who, except

in the case hereinafter excepted, has sexual
intercourse with a woman under
circumstances falling under any of the
following descriptions:

(a) against her will;

(b) without her consent;

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(c) with her consent, when her consent has been
obtained by putting her in fear of death or hurt to herself
or any other person, or obtained under a misconception
of fact and the man knows or has reason to believe that
the consent was given in consequence of such
misconception;

(d) with her consent, when the man knows that he is not
her husband, and her consent is given because she
believes that he is another man to whom she is or
believes herself to be lawfully married or to whom she
would consent; @ Francis N.P. Monteiro 7
(e) with her consent, when, at the time of giving such
consent, she is unable to understand the nature and
consequences of that to which she gives consent;

(f) with her consent, when the consent is obtained by

using his position of authority over her or because of
professional relationship or other relationship of trust in
relation to her;

(g) with or without her consent, when she is under

sixteen years of age.
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▪ Explanation: Penetration is sufficient to
constitute the sexual intercourse necessary
to the offence of rape.
▪ Exception: Sexual intercourse by a man
with his own wife by a marriage which is
valid under any written law for the time
being in force, or is recognized in Malaysia
as valid, is not rape.
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 Punishment for Rape – MPC 376
▪ Imprisonment for a term up to 20 years with whipping.
▪ Imprisonment for a term up between 10 to 30 years with whipping:
➢ Raping a pregnant woman
➢ Raping a girl under 12 years of age, with or without her consent
➢ Raping a girl under 16 years of age without her consent
➢ The woman becomes insane due to rape
➢ The woman commits suicide due to rape
➢ When the rapist is aware of his condition of having HIV/AIDS or
any sexually transmissible disease
➢ When the rapist is aware of the woman’s mental disability,
emotional disorder, or physical handicap
➢ Committing rape in the presence of another person
➢ Committing rape with a woman’s consent with the use of
authority over her due to a relationship of trust or a professional
relationship
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 Short Essays
Evidentiary materials to be collected from Victim of Rape

@ Francis N.P. Monteiro 3

Evidentiary materials to be collected from Victim of Rape

1. Clothes:
Clothes worn at the time of the alleged incident to detect the stains of body
fluids or any other evidentiary materials.
2. Hair:
▪ Scalp hair to compare with the foreign hair found on the suspect and with
the loose hair present on the victim.
▪ All loose hairs found over the body.
▪ Matted pubic hair.
3. Swabs:
▪ From vaginal introitus, lower vaginal wall, cervix and perineum for the
presence of spermatozoa, for DNA profiling and also for the presence of
infecting organism.
▪ Swab from anal region in case of alleged sodomy.
▪ Swabs from oral cavity in case of alleged buccal coitus.
▪ Swabs from all soiled areas of the body for the detection of blood, semen
etc.
▪ Swabs from the bite areas for blood grouping in case of secretors to
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compare with the suspect.
4.Fingernail scraping: For the examination
of blood, skin debris, hair, fibre etc., and if
present, to compare with the suspect.

5.Blood: For grouping, alcohol and/or drug

estimation, detection of sexually transmitted
diseases and DNA profiling.

6.Urine: For alcohol and/or drug estimation.

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 Short Essays
Explain findings in child victim of rape (general & genital findings)
Explain findings in adult/virgin victim of rape (general & genital findings)

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 Child Victim of Rape
General signs:

▪ The lesser the age the lesser the general signs of violence due to physical disproportion
between the victim and the assailant.

▪ Many a times there may not be any general signs of violence at all.

▪ All general signs of violence are usually absent in cases where the sexual assailant is one of
the parents or is a known person to the child.

Local/Genital signs:

▪ Since the vagina is small, it is difficult to penetrate the adult male organ into the vagina.

▪ In case of slight penetration, it may not get ruptured because in children the hymen is deep
seated.

▪ When there is forcible complete penile penetration, there will be more severe genital injuries
such as, bruising of the labia majora and labia minora with haematoma, tear of the
vestibule, tears of the hymen usually posteriorly, extending into the posterior wall of vagina
and perineum. Anterior vaginal wall tears can involve the urethra and urinary bladder and
posterior vaginal wall tears can involve the ano-rectal canal. 17
@ Francis N.P. Monteiro
 Young / Adult Virgin Victim of Rape
General signs:
▪ General signs of violence are commonly seen in case of young and adult virgins because
of more resistance offered by the victim.
▪ The injuries such as abrasions, contusions, rarely lacerations, bite marks, love bites,
petechial hemorrhages etc., may be seen over the body.
▪ However, the signs of struggle may not be seen when the victim is subjected for fear of
hurt / death or when the victim is intoxicated / unconscious or when the victim is
physically unable to resist etc.
Local/Genital signs:
▪ There may be congestion and swelling of clitoris due to the friction, redness and
swelling of labia majora and minora, fingernail scratches and tenderness over the labia
minora.
▪ Vaginal penetration results in tearing of the hymen.
▪ The initial rupture of the hymen from penile penetration is likely to occur in the posterior,
especially at the 6 o’clock position.
▪ The tear of the hymen extend up to the vaginal wall.
▪ Tears may be seen in the posterior fourchette and fossa navicularis. There may be
bruising and lacerations of vaginal wall depending on the disproportion between the
vagina and penis (Bruising appears as dark red areas against a overall redness of the
vaginal mucosa). @ Francis N.P. Monteiro

▪ Tears in the vagina are also seen in violent sexual intercourse 18

General Examination

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Road Surface Injuries

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Lip Bruising

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Fingertip Bruising

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Bite Marks

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 Hymenal laceration posteriorly
Common Site for tears

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 Deflorated / Married Victim of Rape

General signs:

General signs of violence are that of similar to

those found on young adult and virgin victims of
rape.

Local/Genital signs:

Since the vulva and vagina are lax there may not
be any genital injuries unless extreme violence is
used.
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 Short Essays
Explain Unnatural Sexual Offences

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 Unnatural Sexual Offence
▪ Sec. 377: Sodomy with an animal.
▪ Sec. 377A: Carnal intercourse against the order
of nature (sodomy and fellatio).
▪ Sec. 377C: Committing carnal intercourse
against the order of nature (sodomy and fellatio)
without consent.
▪ Sec. 377 CA: Any person who has sexual
connection with another person by the
introduction of any object into the vagina or
anus of the other person without the other
person’s consent.
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 Short Essays
Explain findings in a non-habitual passive agent of sodomy
Explain findings in a habitual passive agent of sodomy

@ Francis N.P. Monteiro 3

Non-Habitual Passive Agent of Sodomy
General signs:
▪ General signs of violence are commonly seen in case of young and
adult individuals because of more resistance offered by the victim.
▪ The injuries such as abrasions, contusions, rarely lacerations, bite
marks, love bites etc may be found.
Local Signs:
▪ The anal orifice is contused, irritable and tender to touch.
▪ The anal sphincters are spasmodic.
▪ The fingernail scratch marks are seen around the anus and over the
buttocks.
▪ There may be contusions and slap marks over the buttocks.
▪ The shearing force of penetration may give rise to peri-anal
haematoma and lacerations.
▪ The lubricant is commonly found around the anal orifice.
▪ The seminal stains may be found in and around the anus, buttocks
and lower back. @ Francis N.P. Monteiro 30
 Habitual Passive Agent of Sodomy
General signs:
▪ Usually, the habitual passive agents indulge in consented anal intercourse.
▪ In such cases there will not be any general signs of violence.
Local signs:
▪ The anal hair is cleanly shaven.
▪ There may be presence of lubricant.
▪ The skin around the anus is smooth, dark and thickened due to constant friction.
▪ The repeated and regular anal intercourse over many years give rise to absorption
of gluteal fat around the anus, the anus appears to be deep seated, so that the
anus looks as if it is situated in a funnel shaped depression.
▪ There may be scars of healed fissures will be visible.
▪ The anal sphincter is lax and the anal canal is dilated due to constant
overstretching which may admit 3 to 4 fingers without any complaint of discomfort.
▪ The anal opening is patulous and the margins are smooth. The external and
internal hemorrhoids are the common findings which may be thrombosed.
▪ Lateral buttock traction test: On placing both thumbs over either side of the
buttocks just away from the anus and a lateral traction is applied gently. In case of
non habitual passive agent there will be reflex constriction of the anal sphincter,
whereas in case of habitual passive agent there will be relaxation of the anal
sphincter. @ Francis N.P. Monteiro 31
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