Rape — A Detailed Forensic Medicine Note

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1. DEFINITION (Section 63, BNS / S. 375, IPC)

• (a) Penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a woman, or makes her do so with him or any other person
• (b) Inserts, to any extent, any object or a part of the body (not the penis) into the vagina, urethra, or anus of a woman
• (c) Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus, or any part of the body
• (d) Applies his mouth to the vagina, anus, or urethra of a woman, or makes her do so

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2. THE SEVEN CIRCUMSTANCES (Elements of Rape)

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3. EXPLANATIONS

• "Vagina" also includes labia majora
• Consent = an unequivocal, voluntary agreement communicated by words, gestures, or any form of verbal/non-verbal communication
• A woman who does not physically resist shall not, by that fact alone, be considered as consenting
• Exception 1: A medical procedure is not rape
• Exception 2: Sexual intercourse by a man with his own wife, the wife not being under 15 years, is not rape

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4. WHAT CONSTITUTES RAPE (Medico-legal)

The slightest penetration of the penis within the vulva — even minimal passage of the glans tip between the labia with or without emission of semen or rupture of hymen — constitutes rape.

• Completed act of intercourse is not necessary
• Rape can be committed even when there is inability to produce a penile erection
• Rape can occur without causing any injury — negative evidence does not exclude rape

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5. TYPES OF RAPE

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6. CONSENT

• Valid consent: woman ≥ 18 years, free, voluntary, sound mind, not intoxicated, given before the act
• Even a prostitute cannot be forced against her will

Consent is Invalid when:

1. Obtained by fraud, impersonation, or misrepresentation
2. Obtained by fear of death or hurt
3. Woman is of unsound mind or intoxicated
4. Woman is below 18 years

Presumption of Lack of Consent:

• Chief evidence = signs of resistance (torn clothing, injuries to body and private parts)
• Woman may surrender from fear or exhaustion — this is still rape
• Women fainted from fear, drugged, or unconscious cannot resist — resistance depends on age, development, and social status

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7. PUNISHMENT (Section 64, BNS / S. 376, IPC)

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8. WILL vs. CONSENT

• Will = psychological desire (mental concept)
• Consent = legal concept
• An act done against the will is always without consent
• But an act done without consent is not necessarily against her will
• Sexual intercourse with an unconscious woman is both against her will and without consent
• A girl under 12 years is incapable of giving consent under Section 28, BNS

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9. BURDEN OF PROOF

• Prosecution must prove all elements of the offence
• As per Section 120, BNS (S. 114-A, IEA): if the victim states she did not consent in a custodial situation or gang rape, the court shall presume she did not consent
• Under law, rape can only be committed by a man upon a woman (not vice versa)

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10. MEDICAL EXAMINATION OF THE VICTIM

Objectives:

1. Search for physical signs (injuries) corroborating the history
2. Collect and preserve physical (trace) evidence for laboratory examination
3. Treat the victim for injuries, venereal disease, pregnancy, and prevent permanent psychological damage

General Procedure:

• Victim examined only on requisition from the investigating police officer or Magistrate
• Written, witnessed consent of the woman (or parents if < 12 years or unsound mind)
• Examination in the presence of a female nurse or female relative
• One Stop Centre established at all District Hospitals for medical, legal, and social support

Examination Proper:

• Examined for blood, semen, mud, earth, grease, tears, loss of buttons
• Preserved and sent to laboratory
• Seminal stains fluoresce under ultraviolet light

• Undress completely under UV light to detect seminal stains
• Examine for marks of violence: scratches, bruises, lacerations, petechiae on face/conjunctivae (suggest partial asphyxia)
• Common injury sites: mouth/throat, wrists/arms, back, thighs, breasts (bite marks, love bites, discoid bruises)
• Marks of general violence found in ~one-third of cases

• Pubic hair combed for non-matching male pubic hair
• 15–20 hairs pulled (not cut) from living victim for comparison
• Head hair samples from front, top, back, left, right

• Swabs from introitus and perineum before hymen examination
• High vaginal swab under speculum
• Examined for spermatozoa (presence and motility)
• Acid phosphatase determination on 3rd swab
• Areas of seminal soiling fluoresce under UV lamp

• Presence/absence about vagina and legs
• Profuse bleeding may wash out seminal contents

• Rupture of hymen with first intercourse is the main evidence of rape in a virgin if the hymen was covering the anterior vaginal opening
• Tears most common at 5 and 7 o'clock positions, most frequently in the middle line
• Fresh tears: sharp, red margins, bleed on touch; tissues round them tender
• Within 8–24 hours: margins oedematous with sero-sanguineous oozing
• Heals in 1 week but does not unite; over months, V-shaped tears become rounded, U-shaped defects

• Abrasion, bruising, laceration of vaginal walls
• Redness/bruising = dark red area against overall redness, becomes deep-red/purple within 24 hours
• Frank laceration of vaginal wall is rare in women of child-bearing age
• Toluidine Blue Dye Test: Identifies genital and perianal injuries not visible otherwise

• Redness, oedema, small tears in fourchette and fossa navicularis
• Fingernail scratches on labia minora

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11. CORROBORATIVE SIGNS OF RAPE

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12. FINDINGS RELATED TO TIME OF ASSAULT

• Spermatozoa lose motility within 1–6 hours; no motile sperms found after 6 hours usually
• Sperms may be recovered up to 24 hours from vagina
• Venereal disease presence is useful in determining time
• Wounds: If age is consistent with the alleged time, it is corroborative

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13. SPECIMENS TO BE COLLECTED FROM VICTIM (SAFE/PERK Kit)

1. Hair (head and pubic)
2. Finger scrapings (blood/tissue from accused)
3. Blood 5 mL (plain) — grouping and DNA
4. Blood 5 mL (EDTA) — DNA profile
5. Blood 5 mL (sodium fluoride + potassium oxalate) — alcohol and drugs
6. Urine (sodium fluoride) — alcohol/drug screening
7. Saliva — secretor grouping
8. Swabs from kissed/licked/sucked/bitten areas
9. Genital swabs (introitus, vaginal, cervical os)
10. Swabs from soiled skin areas
11. Condoms, sanitary towels/tampons if used
12. Vaginal epithelial cells for DNA study

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14. EVIDENCE OF RAPE IS OBTAINED FROM:

1. Marks of violence on person of victim and accused
2. Marks of violence about the genitalia
3. Presence of semen on clothes of victim or accused
4. Presence of seminal matter in vagina
5. Existence of gonorrhoea or syphilis in both parties

Medical Evidence is always corroborative — it may or may not confirm rape. Rape is a legal definition, not a medical diagnosis.

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15. EXAMINATION OF THE ACCUSED

• Similar procedure to the victim
• Look for: injuries from victim's struggle (scratches, bites), fingernail marks, seminal stains, pubic/female hair, cosmetic traces, blood/mud stains on clothing
• Genitalia: scratches, abrasions, bruising; reddening of glans; smegma (absence suggests intercourse may have occurred); vaginal/cervical cells on glans (Barr body identification)
• DNA of victim can be recovered from swabs of the penis up to 24 hours after intercourse

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16. COMPLICATIONS OF RAPE

1. Death — from shock, hemorrhage, suffocation, strangulation
2. Mental derangements, convulsions, epileptic fits
3. Rape Trauma Syndrome (post-traumatic stress disorder):
   • Immediate (disorganization) phase: tension, guilt, humiliation
   • Long-term (reorganization) phase: nightmares, phobias; victim readjusts life

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17. DATE RAPE (Drug-Related Sexual Assault)

• Alcohol (most common)
• Flunitrazepam (Rohypnol)
• GHB (gamma-hydroxybutyrate)
• Ketamine
• Scopolamine

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18. MEDICOLEGAL SPECIAL QUESTIONS

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19. FALSE ALLEGATIONS — Nature and Evidence

1. Inability to describe the assailant
2. She was assaulted by multiple persons but cannot describe them
3. Injuries inconsistent with defense wounds
4. Hesitation marks present
5. Laboratory findings absent
6. Undue delay in reporting
7. Uncertainty about consent

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Summary Table