Forensic Science and its Role in Rape Cases.
What is meant by Rape?
Rape is an unlawful
sexual intercourse by a man with women and defined under IPC Section 345.
1)
Any part
2)
Forceful touching
3)
Forceful Insertion of foreign object /articles
4)
Himself trying to do oral stimulation fibre
5)
Manipulating any part of body without a consent child.
psychiatric
patients under threatening (out of fear) with consent It is considered as rape.
Exception.
Drugging
the person - Rape drug.
– Rohypnol
What is a consent?
Consent
is the voluntary agreement by the women by words, by gesture Communication
Specific Sexual for act or any form of verbal or her willingness to participate
in the specific sexual act.
1)
Custodial rape - Rape when a your in custody by police off hostel wardens,
hospital staff, politician.
2)
statutory rape- Below the age of 18 years involved in rape.
3) gang rape - more than one person involved
in rape.
LAWS AND IPC SECTIONS.
- 376 - Imprisonment of year / wo years with fine
- 336 2- this involves when the person of authority. (IT) polies, teacher, hospital staff, NGO's, politicians, relative Guardian & during communal violence.
- Incapable to give consent,
- mentally & physically unstable /disabled Age → below is repeatedly rapping same act women
- Punishment - Imprisonment – Loy care — Life imprisonment along with fine.
- 376 A JPC - women gets raped. → die foredune to vegetative state [come]
- Imprisonment 20 years.
- 376 IPC + More than 20 years of jail-> Life Imprisonment
- Judicial hanging
- 376 B IPC - Rape by husband on wife after separation.
- Imprsion-2-7 years without fine Cognizable but bailable.
- 346 C [PC Jail Sexual Intercourse with sub-ordinates even with Consent In jail.
- 376 D IPC → Gang rape 10 years of imprisonment + fine (20 years).
Examination of rape victim
- Police should advise her not to change the clothes and examination procedure started as soon as possible.
- visit to scene of crime necessary for the police
- You have to take permission from police & guardian met assault - don't. want to inform police. doctor inform police. - FIR cannot be considered.
- Informed consent is taken.
- Agree for partial examination and she has all right of stopping examination at any time.
- below 12 year - parental consent.
- Life threating Care - Immediate treatment.
- Doctor Expert witness.
- voluntary refusal of victim to Information to police.
- she has to encored with constable. police irrespective of gender. in Examination centre. should not be present.
- Female doctor preferred or female nurse at least..
- carried without denying.
- Statement of victim recorded & victim statement correlated.
- During this female head of institution to be present.
- Transgender.
- no mocking is done
- Based on preference of them the doctor is assisted.
Rape in children.
- Consent - guardian (below 12 years)
- History taken by being friendly.
- Pain on defecation, urination weight loss, fear, can't sleep, nervousness.
- Never go for genital examination (give anaesthesia)
- Penile erection impossible so→ Redness over vulva, thighs Swelling is observed.
- forceful -- bruising of labia hymen torn posteriorly
- Tear of perianal body younger -children- goal extrude of vaginal wall
- In digital penetration - labia, vestibule, hymen tear prolapses of cervix - in young children and older people.
Indicators of sexual abuse.
- Physical health consequence.
- Unwanted pregnancies.
- PID (Pelvic inflammatory disease)
- psychological - Short and •Long
- self-disgust
- Usability to walk, work
- Chronic anxiety. Depression.
- one of cause for PTSD - dizziness, chest pain, emotional imbalance, guilt.
- Phase of reorganization.
- occasional getting of anxiety. Irritability.
- difficult to sleep.
Medico-legal aspect
- Resistance was offered defines wound. without there is no rape.
- No man can rape women without struggle.
- No struggle because of feeling trapped she gives up.
- Independent women less terrified them one who is pampered always taken care.
- violence marks of violence is ley gang rape
- Absence of injury - use of Intoxicants
- Examination of drug, alcohol and later rape.
- Anaesthetic condition.
No drug that causes immediate
unconsciousness at all
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