FMT - Second Year BHMS

SEXUAL OFFENCES

SEXUAL OFFENCES

Definition

Sexual offences are crimes that involve non-consensual sexual contact or activity, including rape, molestation, and other forms of sexual abuse.

Classification

Sexual offences can be classified into two main categories:

  • Natural sexual offences: These include crimes that involve natural sexual acts, such as rape, sodomy, and incest.
  • Unnatural sexual offences: These include crimes that involve unnatural or abnormal sexual acts, such as bestiality and sadism.

Natural Sexual Offences

  • Rape: Non-consensual sexual intercourse.
  • Sodomy: Non-consensual anal intercourse.
  • Incest: Sexual intercourse between close relatives.
  • Molestation: Non-consensual touching or fondling of a person's genitals.

Unnatural Sexual Offences

  • Bestiality: Sexual intercourse with an animal.
  • Sadism: Taking pleasure in causing physical or emotional pain to others.
  • Masochism: Taking pleasure in receiving physical or emotional pain.

Sexual Perversions

  • Fetishism: Taking pleasure in specific objects or body parts.
  • Transvestism: Wearing clothing of the opposite sex for sexual gratification.
  • Exhibitionism: Exposing one's genitals to others for sexual gratification.
  • Voyeurism: Watching others naked or engaging in sexual acts for sexual gratification.

Clinical Examination and Findings

  • Victim: Examination may include a physical examination, collection of clothing and other evidence, and a medical history.
  • Assailant: Examination may include a physical examination, collection of DNA evidence, and a medical history.

Medicolegal Aspects

  • Consent: Lack of consent is a key factor in determining whether a sexual offence has occurred.
  • Force: Use of force or coercion to commit a sexual offence.
  • Age: Age of the victim and assailant can be a factor in determining the severity of the offence.

Bharatiya Nyay Sanhita Bill 2023 and Bharatiya Sakshya (Second) Bill 2023

  • Bharatiya Nyay Sanhita Bill 2023: This bill aims to reform the Indian Penal Code and make it more effective in dealing with sexual offences.
  • Bharatiya Sakshya (Second) Bill 2023: This bill aims to reform the Indian Evidence Act and make it more effective in dealing with sexual offences.

Key Points

  • Section 375 IPC: Defines rape and provides for punishment.
  • Section 376 IPC: Provides for punishment for rape.
  • Section 377 IPC: Provides for punishment for unnatural offences.
  • Section 403 IPC: Provides for punishment for molestation.
  • Section 224 IPC: Provides for punishment for causing hurt to a public servant.

Forensic Medicine and Toxicology Notes

Sexual Offences

  • Rape: Non-consensual sexual intercourse.
  • Sodomy: Non-consensual anal intercourse.
  • Incest: Sexual intercourse between close relatives.
  • Molestation: Non-consensual touching or fondling of a person's genitals.

Classification of Sexual Offences

  • Natural sexual offences: Crimes that involve natural sexual acts, such as rape and sodomy.
  • Unnatural sexual offences: Crimes that involve unnatural or abnormal sexual acts, such as bestiality and sadism.

Medicolegal Aspects

  • Consent: Lack of consent is a key factor in determining whether a sexual offence has occurred.
  • Force: Use of force or coercion to commit a sexual offence.
  • Age: Age of the victim and assailant can be a factor in determining the severity of the offence.

Clinical Examination and Findings

  • Victim: Examination may include a physical examination, collection of clothing and other evidence, and a medical history.
  • Assailant: Examination may include a physical examination, collection of DNA evidence, and a medical history.

Forensic Identification Features

  • DNA evidence: Can be used to identify the assailant.
  • Fingerprint evidence: Can be used to identify the assailant.
  • Footwear evidence: Can be used to identify the assailant.

Legal Provisions

  • Section 375 IPC: Defines rape and provides for punishment.
  • Section 376 IPC: Provides for punishment for rape.
  • Section 377 IPC: Provides for punishment for unnatural offences.
  • Section 403 IPC: Provides for punishment for molestation.
  • Section 224 IPC: Provides for punishment for causing hurt to a public servant.