Sexual Offences

Offences committed as a result of

sexual acts
 DEFINITION

Sexual offences are acts of

illegal sexual intercourse
with another person or with
an animal or any other
illegal act to obtain sexual
gratification
 CLASSIFICATION NATURAL OFFENCES
1. Natural offences: - It includes
those offences which are
committed in order of nature,
i.e. penetration of vagina by the
penis--- Rape, Incest &
Adultery.
2. Unnatural offences: - Sexual
intercourse performed against
the order of nature----Sodomy
or anal coitus or Greek Love or
Buggery, Buccal coitus or oral
coitus, Lesbianism or Tribadism
& Bestiality.
Sex-linked offences Indecent
:-( a)
assault: - Any offence committed on
a female with the intension or
knowledge to outrage her modesty
(b) Sexual perversions: - Sexual
perversions are habitual acts to
obtain sexual gratification without
sexual intercourse i.e. Sadism, Masochism,
Necrophilia, Fetishism, Transvestism, Exhibitionism,
Masturbation, Voyeurism, Frotteurism, Uranism,
Urolangia, Troilism, Corprophilia
Other sex-linked offences under the
immoral traffic act, e.g. kidnapping of a
woman, unlawful prostitution, etc.
 CLASSIFICATION NATURAL OFFENCES

Natural offences: -
It includes those offences
which are committed in
order of nature, i.e.
penetration of vagina by
the penis---
 Rape,
 Incest &
 Adultery.
 Rape PPC 375
• Sexual intercourse with woman
– Against her will
– Without her consent
– With consent, when consent obtained by putting
her in fear of death or hurt
– Consent under unsound mind , intoxication
– Under 16 yrs, with/ out consent
 What constitutes rape ?
• Male private parts inserted into female, no rule
extent of depth
• Need not be completed act of intercourse
• Slightest penetration of penis within vulva, with
or without emission of semen or rupture of
hymen.
• Committed even when inability to produce penile
erection.
 SEXUAL OFFENCES
RAPE

• Under section 375 PPC it is an unlawful sexual

intercourse by a man of a woman.

1. Even with his own wife with her consent under

13 years of age.

2. Any woman not his wife under 14 years of age

even with her consent.

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 ISLAMIC PENAL CODE
Punishment for rape (Zina bil jabar) liable to ‘HADD’.
HADD means punishment obtained from Holy Quran
and Sunnah.

1. If he or she is a ‘muhsan’ (married) be stoned to

death at a public place.

2. If he or she is not a ‘mohsan’ (not married) be

punished with whipping numbering one hundred
stripes, at a public place, and with such other
punishment , including the sentence of death, as the
court may deem fit having regard to the
circumstances of the case.

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• Penetrations sufficient to constitute the sexual
intercourse necessary to the offence of ‘Zina-
bil-jabr’.

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• ZINA: A man or woman are said to commit
‘Zina’ if they willfully have sexual intercourse
without being validly married to each other,
penetration is sufficient to constitute the
sexual intercourse necessary, to the offence of
‘Zina’.

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• TAZIR: means punishment other than Hadd.

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 ADULTERY/ ZINA

Voluntary natural sexual

intercourse between a
married man and
someone other than his
wife or between a
married woman and
someone other than her
husband.
 DIFFERENCE BETWEEN ADULTERY AND
FORNIFICATION ( both are ZINA)

In fornification, the two

sexes are not married.
• INDECENT ASSAULT on a female committed
with intent or knowledge to outrage her
modesty.
• However what constitute an outrage on
female modesty is not defined.

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15
 Incest
A natural sexual intercourse between two
persons so closely related y blood.
– Electra complex: between father and daughter.

– Oedipus complex: between mother and son.

– Pharaonic Complex: Between brother and sister.

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 Predisposing factors:-

unable to understand prohibitions against it.

• Alcohol removes sense of prohibition.
• Cerebral disease, senile degeneration.
• Close relations living in intimacy.

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• Age of rape:

– Under 7 years of age are presumed by law to be

incapable to commit rape.

– 7-12 years: Court will decide.

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 CONSENT
It must be obtained before the act. A consent will be invalid in the following
conditions:

1. If a woman is lunatic, idiot or imbecile.

2. By fraud, e.g By impersonation.

3. By threats, fear or force.

4. When woman is under the influence of drugs.

5. When woman is under the state of coma, an epileptic fit or in a

hypnotic trance or is asleep or under anesthesia.
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• Consent is necessary even with a prostitute.

• By force and against resistance.

Impersonation

1. When woman is under the influence of drink,

drug, or hypnotic state.

2. When woman is asleep.

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 Steps of Medical Examination
1. Pre- examination
2. History
3. General impression
4. Examination of clothes
5. Examination of body
6. Collection of specimens

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 Pre- examination

1. Consent

2. Bio data information

3. Establishment of personal identity

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 History

1. General history

2. Obstetric history

3. Specific history

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 General impression

1. Dress

2. Make up

3. Mental status

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 Examination of clothes

1. Undressing

2. Condition of clothes

3. Trace evidence

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 Examination of the body

1. General

2. Systemic

3. Genital

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 Collection of specimens

1. Clothes

2. Body

3. genitalia

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 MEDICAL EXAMINATION OF THE VICTIM

• Consent. ( it is important to remember that no

one force a woman to submit her private parts
for examination).

General Procedure

• Establishment of identity.

• Presence of third person.

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 PROCEDURE
1. “CONSENT”
2. HISTORY
3. CLINICAL EXAMINATION
a)General
b)Injuries
4. Collection of trace material and
removal of specimens
• Preliminary data:

a. Name, father’s name, date and exact hour of

examination, identification marks and when
examination is requested.

b. Age.

c. Statement of the victim.

d. Manner of walking.

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e. Clothes changed or no, micturated or not, washed
the area or not.

f. If she is in her senses.

g. Any pain on micturation, defecation etc.

h. Examination of the clothes: signs of struggle.

i. According to Locard’s principal of exchange.

j. Foreign hair. Animal hair.

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General Examination

a. General development.

b. Marks of violence on body.

c. Signs of physical violence.

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Genital examination:

Position.

1. Pubic hair.
2. Thighs.
3. Examine vulva.
4. Examine hymen.
5. Examine vagina..
Send three vaginal swabs to the chemical examiner for
examination.
i. Semen.
ii. Infection.
iii. Estimation of acid phosphate.

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 EXAMINATION OF THE ACCUSED
• It is done in the same manner as for victim.
• Remember 3Gs.
1. General procedure.
• It can be done without his consent under sec 53 (1)
C.P.C. and by force .

• Examination should be done as soon as possible and

accused should not be allowed to go to wash room
unaccompanied until the examination is complete.

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2. General examination.

• Note the size and physique of the accused.

• His body for the signs of struggle. Cloths for signs of

struggle.

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3. Genital examination.

• Penis for size and semega.

• Franulum.
• Venereal disease.
• For vaginal epithelial cells.
• Potency.
• Blood of the accused is also taken.
• Hair.
• Examine the locality.

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 UNNATURAL OFFENCES

Carnal (sexual) intercourse

against the order of
nature with any man,
woman or animal,
 UNNATURAL OFFENCES

Sodomy or Greek Love or

Buggery (It used to be
practiced in the town of
Sodom and so the name
is sodomy)
 Sodomy/ buggery
• Anal intercourse between 2 males
(homosexual sodomy),, or male &
female(heterosexual sodomy).
• Gerontophilia – passive agent adult
• The offender is called active or sodomite,
while passive is named catamite.

• If the passive agent is child, practice is called

‘Pederasty’.
 Buggery
It started from Bulgaria and spread to Europe where they
named this practice (Bugger). Buggers have their own
church.

• Habitual catamites are called fairies, gays or queens in

west, zananas in indo-pak.
• Frequent among sailors, prisoners, hostels, military
barracks.
• Hermaphrodites may act as passive agents.

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 Bestiality
• Sexual intercourse with a lower animal.

• The animals usually selected by males are cows, bitches, female sheep
and goats, large birds, and by

• Females use bulls, horses, dogs and males sheep, goats and donkeys.
Usually they prefer dogs.

• Orifices used may be vagina or anus.

• In Hinduism, bestiality is depicted as the acts of gods and goddesses.

Many pictures and idols are there. It is also mentioned in Kama sutra, the
first book about sex in history.

• It is also in Roman and Greek mythology.

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 Buccal coitus SIN OF GOMORRAH OR
INTERCOURSE IN OS

– Buccal penile intercourse is called fellatio, the

partner who performs the act is “fellator” and on
whom it is performed is “fellatee”.

– Oral vaginal stimulation is ‘cunnilingus’.

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Examination of the victim

• Preliminary particulars.

• External visual scrutiny.

• Digital examination with finger.

• Bimanual lateral traction.

• Examination of the rectum with a speculum.

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Genital signs in non habitual victim
• Anal orifice, usually anal orifice is found dilated,
irritable, inflamed with a zone of bruising.

• If there is gradual but forcible penetration, then

radial tear may be present.

• With sudden penetration, a triangular bruised tear

of posterior part of anus.

• Pain during examination, defecation and passing

flatus.

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 Other signs

• Presence of blood. • Fecal matter.

• Presence of semen. • Prolapsed anus. Signs of

struggle.
• Lubricants.
• Presence of prostatic
• Venereal infection. fluid.

• Note the tonicity of

anus.

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Examination of habitual passive agent

• Genital signs

o Shaving of the area.

o Anal skin smooth.
o Funnel shaped anus.
o Less tonicity.
o Dilated anus.
o Presence of fresh and old scars of fissures.
o External & internal haemorrhoids.
o Mucous membrane of anus can be seen by pulling
apart of buttocks.

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 Examination of the active agent
1. Peculiar foul smell.
2. Abrasions & bruises on glans penis.
3. Stains.
4. Marks of struggle.
5. Examine for potency.
6. In sodomite, penis may be elongated with a
constriction about 2-3 behind the glans.
7. Presence of smegma.
8. Venereal diseases.
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 PARAPHILIA
(SEXUAL PERVERSIONS)

Paraphilia (Greek para: beside, philos: loving)

Sexual perversions are habitual acts to obtain
sexual gratification without sexual
intercourse.

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 Lesbian love/Tribadism

• Not a crime under British law

• Hostels
• Suicidal/homicidal tendency.
• Act is punishable if practiced in public places.

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 Lesbianism
Female homosexuality or lesbianism or female
love. (Sapphism, from queen Sappho).

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 Masturbation
Sexual gratification of a person without external
help or with the help of other person, singularly
or mutually.

• Both sexes are involved but it is more in males.

• It is not a crime in any country if not practiced in

public places.

• Elongation of penis and clitoris.

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 ABNORMAL SEXUAL PERVERSIONS

• Sadism: In
which sexual
satisfaction is
obtained by
inflicting pain
to the partner.

• Masochism: it
is opposite to
sadism.
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 Sadism
• The name sadism is derived from the French
writer Marquis de Sade (1740-1814), who
wrote books in which characters enjoyed being
cruel

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• Fetishism: sexual
gratification by
seeing some part
of woman’s body
or their articles,
which does not
give an erotic
sensation in
normal person.

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• Exhibitionism or indecent exposure.

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• Transvestitism.

• Trans-sexualism: the
person desires to be
the member of the
opposite sex.

• Urbanism: sexual
gratification by
fingering, fondling,
licking of genitals.
This is very much
common than
thought.

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• Voyeurism or
Scoptophilia:
desires to observe
the genitals of
others or observing
others while they
are doing sexual
intercourse (Peeping
Tom).

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 Troilism
An extreme degree of voyeurism in which the
husband gets sexual gratification by watching
his own wife performing sexual intercourse
with another man.

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 Frotteurism
• Compulsion to rub genitals
against another person,
usually in lifts etc.

• The most commonly

practiced form of
frotteurism is rubbing one's
genitals against the victim's
thighs or buttocks.

• A common alternative is to
rub one's hands over the
victim's genitals or breasts

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• Urolagnia or corpophilia: Sexual excitement is
provoked by site or odour of urine or feces.

• Necrophilia: sexual arousal and orgasm can

be attained only by sexual intercourse with a
corpse. Necrophagia is an extreme degree of
sadism wherein the sadist derives sexual
gratification by tearing out the genitals or
other body parts of a corpse and eating them.

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 Klismaphilia
Is the receiving of sexual arousal from
introducing liquids into the rectum and colon
via the anus.
It is a paraphilia that often involves the use of
enemas.

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• Blue Films: the couples performing as well as
audiences watching may be considered
perverts. The art is called pornography.

• India/Pakistan name ‘Blue’!!!

• Sunny Leon. (Porn stars/sex workers).

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