MEDICO-LEGAL ASPECTS OF SEX CRIMES

Virginity – is a condition of a female who has not experienced sexual

intercourse and whose genital organs have not been altered by carnal
connection.

Kinds of Virginity
1. Moral virginity – the sate of not knowing the nature of sexual life and not
having experience sexual relation.

2. Physical virginity – a condition whereby a woman is conscious of the

nature of sexual life but has not experience sexual intercourse.
Kinds:
a. True physical virginity – a condition wherein the hymen is intact with
the edges distinct and regular and the opening the small to barely admit
the tip of the smaller finger of the examiner even the thighs are
separated.
b. False physical virginity – a condition wherein the hymen is not
ruptured but the orifice is wide and elastic to admit two or more fingers
of the examiner with lesser degree of resistance.

3. Demi-virginity – reefers to a condition of the woman who permits any form

of sexual liberties as long as they abstain the rupturing the hymen by sexual
act.

4. Virgo intacta – is the condition of a woman that experienced a sexual

intercourse but not yet given birth.

Parts of the Female Body to be considered in the Determination of the

Condition of Virginity:

1. Breast – (mammary gland) related to the reproductive system since they

secrete milk for nourishment of the young child. The nipple is the surrounded
by the pigmented area called the areola, which becomes dark brown during
pregnancy.
Shape of Breast
a. Hemispherical – like hemisphere or half of a circle or sphere.
b. Conical – similar to cone.
c. Infantile or flat – straightly elevated from the chest.
d. Pendulous – capable of swinging in any direction.
2. Vaginal canal – as a general rule, the vaginal canal of a virgin is tight and
the rugosities are sharp and pointed.

3. Labia majora and labia minora

The labia majora is firm, elastic and plump and its medial borders are
usually in close contact with each other so as to cover the labia minora and the
clitoris. The labia minora is soft, pinkish in close contact with one another, and
its vestibule is narrow.

4. Fourchette – a V-shape appearance as the two labia unite posteriorly.

5. Hymen – is lacerated during the initial sexual act.

Defloration – is the laceration or rupture of the hymen as a result of sexual

intercourse.

SEXUAL CRIMES

1. Rape – RA 8353 (New Rape Law)

Carnal Knowledge – is the act of the man in having sexual bodily
connection with a man. There is a carnal knowledge if there is a slightest
penetration in the sexual organ of the female by the sexual organ of the
male.

Medical Evidences in Rape

1. Evidence from the victim
a. Date, time and place of the alleged commission of rape
b. Date, time and place of the examination
c. Condition of the clothing
d. The physician must observe the gait, the facial expression and the bodily
and mental attitude of the subject
e. Physical and mental development of the victim
f. Examination of the body for signs of violence
g. Examination of the genitalia, including the breast
- pubic hair of the offender
- semen and spermatozoa
- blood stains
- body louse
2. Examination of the alleged offender
 a. Physical development, mental condition and strength
b. Evidence of physical injuries
c. Condition of the sex organ
d. Evidence from the pubic hair
e. Potency of the offender
f. Evidence of genital infection
3. Examination from the companion of the victim

Examination for Seminal fluid and Spermatozoa

1. Gross examination – inspection by means of the naked eye or with the use of
the hand lens.
2. Micro-chemical examinations
a. Florence test
If positive, a group of crystals appears and dark brown in color.
b. Berberio’s test
If positive, there is a needle like crystals with yellow in color.
3. Biological examination
a. Precipitin test
To determine the semen is in human or not.

2. Qualified Seduction
3. Simple Seduction
4. Acts of Lasciviousness
5. Abduction
6. Adultery and concubinage
Adultery – committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who has carnal
knowledge of her, knowing her to be married, even if the marriage be
subsequently declared void.
Concubinage – any husband who shall keep a mistress in a conjugal
dwelling or shall have sexual intercourse, under scandalous circumstances,
with a woman not his wife, or shall cohabit with her in any other places.

7. Prostitution
Prostitute – woman who, for money or profit, habitually indulge in
sexual intercourse or lascivious conduct.
8. Corruption of Minor
9. White slave trade
10. Abuses against chastity
Sexual Deviant Behavior.
Sexual disorders are common causation of sex crimes.

1. Those affecting males:

 Erectile Insufficiency – inability to achieve or maintain erection for
successful intercourse.
 Pre-mature Ejaculation – unsatisfactory brief period of sexual
stimulation that results to the failure of the female partner to achieve
satisfaction.
 Retarded Ejaculation – inability to ejaculate during intercourse
resulting to worry between partners
 Priapism – rare but painful condition in which a male has a prolonged
erection that does not subside despite lack of arousal
 Anhedonia – A condition where there is erection and ejaculation but
no orgasm
 Acrorthosis – A condition of having too many erections too often
 Cryptochidism – A condition in which one or both testes have not
descended properly

2. Those affecting women

 Arousal Insufficiency – partial or complete failure to attain the
lubrication or swelling response of sexual excitement
 Orgasmic Dysfunction – difficulty in achieving orgasm
 Vaginismus – involuntary spasm of the muscles at the entrance to the
vagina that prevent penetration of the male sex organ
 Dyspareunia – painful coitus or sexual acts in women

Sexual Behaviors Leading to Sex Crimes

1. As to sexual reversals
 Homosexuality – sexual behavior directed toward the same sex. For
female, it is referred as lesbianism or tribadism.
 Transvestism – achievement of sexual excitation by dressing as a
member of opposite sex such as a man wearing female apparel
 Fetishism – sexual gratification is obtained by looking at some body
parts, underwear of the opposite sex or any other objects associated
with the opposite sex

2. As to choice of partner
 Pedophilia – child of either sex
  Bestiality – animals
 Autosexual (Autoeroticism) – self
Masturbation refers to sexual stimulation , especially of one’s own
genitals often to the point of orgasm.
 Gerontophilia – elders
 Necrophilia – corpse
 Agalmatophilia – statues or mannequins
 Hybristophilia – people who have committed crimes
 Acrotomophilia – amputees
 Acuculophilia – attraction towards circumcised penises
 Incest – relatives by consanguinity (blood relationship)

3. As to sexual urge
 Satyriasis – excessive desire of men to have sexual intercourse
 Nymphomania – excessive desire of women for sex
 Ablutophilia – sexual urge derived from taking baths, shower or other
modes of washing oneself

4. As to mode of sexual expression

 Oralism – use of mouth or tongue as a way of sexual satisfaction
a. Fellatio – male sex organ to mouth of partner
b. Cunnilingus – licking of external female genitalia
c. Anilism (anillingus) – licking the anus of the sex partner
d. Oculinctus – fetish whereby people are sexually aroused by licking
the partner’s eyeball
 Sado-Masochism (Algolagnia) –
- derived from the works of Marquis de Sade and Leopold Von
Sacher - Masoch

a. Sadism – achievement of sexual stimulation and gratification

through infliction of physical pain on the sexual partner.
b. Masochism – infliction of pain to oneself to achieve sexual pleasure

5. As to part of the body

 Sodomy – sexual act through the anus of the sexual partner
 Uranism – sexual gratification is attained through fingering, holding
the breast or licking parts of the body
 Frottage (Frotteurism) – act of rubbing the sex organ against body
parts of another person
 Partialism – sexual libido on any part of the body
  Basoexia –sexual arousal from kissing

6. As to visual stimulus
 Voyeurism – “peeping tom”, achievement of sexual pleasures through
clandestine peeping and frequently, the person masturbate during
peeping activity.
 Scoptophilia – intentional act of watching people undress or during
sexual intimacies

1. As to number of participants in the sexual act

 Troilism – three person participate in sex orgy such as two men
versus one man or vice versa
 Pluralism – group of persons in sexual orgies such as couple to couple
sexual relations; “sexual festival”.

2. Other sexual abnormalities

 Exhibitionism – “indecent exposure”, intentional exposure of genitals
to members of the opposite sex under inappropriate conditions
 Coprolalia – use of obscene language to achieve sexual satisfaction
 Coprophilia – fetish for feces
 Don Juanism – the act of seducing women as a career without
permanency of sexual partner or companion.
 Ithyphallophobia – fear of seeing, thinking about or having an erect
penis
 Medomalacuphobia – fear of losing an erection
 Dishabiliophobia – fear of undressing in front of someone
 Erotophobia – negative emotional response to sexuality, especially
fear, guilt or shame.
 Klismaphilia – derives sexual excitement from giving or receiving
enemas

Terms Related to Sex and Sexual Crimes

Emission – first stage of ejaculation, in which sperm and semen are propelled
into the urethral bulb.
Ejaculation – ejecting of semen from the penis and is usually accomplished by
orgasm.

Orgasm – peak of sensation during sexual activity during which sexual tension
is released. A typical orgasm lasts from three to ten seconds with
contractions occurring every 0.8 seconds for both men and women.

Sexual attraction or sex appeal – person’s ability to attract in a sexual or

erotic manner in the interest of another person.

Sexual orientation – pattern of emotional, romantic or sexual attractions to

men, women, both gender or neither gender.

Aphrodisiac – any chemical agent, especially phenylethylamine, medication or

drug that increases sexual desire

Semen – alkaline fluid expelled from the penis during ejaculation, containing
fluids from glands as well as sperm.

Copulation – sexual intercourse for the purpose of reproduction

Intromission – insertion of the penis into vagina

Fornication – A term which typically refers to voluntary, illicit sexual

intercourse between persons not married to each other.

Gender Role – role of the person that is expected to perform as a result of

being male or female in a particular culture

Pregnancy – state of a woman who has within her body the growing product of
conception or fertilization of a new life.

Delivery – process by which a woman gives birth to her offspring.

Abortion – willful killing of a fetus in the uterus or violent expulsion of the

fetus from the maternal womb which results to the death of the fetus.

Viability – is the point at which the fetus is potentially able to live outside the
mother’s womb.
Clinical Types of Abortion
1. Missed abortion – an ovum destroyed by hemorrhage into the choriospace,
usually before the fourth month of pregnancy.
2. Threatened abortion – hemorrhage without dilatation of the internal os.
3. Inevitable abortion - hemorrhage with dilatation of the internal os and
presence of rhythmical pain.
4. Incomplete abortion – not all the product of conception has been expelled
from the uterus; fragments or portion of which is retained.
5. Complete abortion – the whole product of conception is expelled.

Provision of RPC on abortion

1. Intentional abortion
2. Unintentional abortion
3. Abortion practiced by the woman herself or by her parents
4. Abortion practiced by a physician or midwife and dispensing of aborties

Kinds of Abortion
1. Spontaneous or natural abortion – occurs without any form of inducement
or intervention.
2. Induced abortion – will not take place had it not been for some form of
inducement or intervention.
a. Therapeutic – abortion purposely done to preserve the life of the mother
from death.
b. Criminal – abortion done without any therapeutic indication but with
criminal intent and is punishable by law.

INFANTICIDE (Neonaticide)

It is the killing of child less than three days old. If the killing was done by
parents, grandparents or other direct ascendants, or either of them, the
penalty to be imposed is the same as that of parricide. However, if the killing
was done by any other person, the penalty is the same as that of murder. (Art.
255 RPC)

Motives for committing infanticide

1. to conceal dishonor
2. financial reason
3. desired number of children has already attained
4. congenital abnormality of the child
 5. parent is suffering from mental abnormality
6. belief that the child will bring bad luck to the family

Types of evidence in infanticide

1. that the child is born alive
2. that the child was deliberately killed
3. that the child killed was less than three days old

How the crime of infanticide is committed:

1. by omission or neglect
a. failure to ligate the umbilical cord
b. failure to protect the child from heat and cold
c. failure to take the necessary help of a midwife or a skilled physician
d. failure to supply the child with proper food
e. failure to remove the child from he mother’s discharge which resulted
to suffocation
2. by commission
a. inflicting physical injuries
b. suffocation
c. strangulation
d. drowning
e. poisoning
f. burning
g. deliberate exposure to heat or cold

Post mortem findings in cases of infanticide

1. Complete examination of the skin surface may show presence of marks
of physical violence in the form of fingernail marks especially at the neck.
2. Examination of the mouth and upper portion of the alimentary tract may
show signs of irritation if death is due to poisoning.
3. Laceration or other forms of the injury of the upper portion of air passage
with the deformity of trachea and larynx.
4. The lungs may show petechial hemorrhages, emphysema or signs of
drowning.
5. There may be fracture of the bones, laceration of the internal organs,
cerebral hemorrhages, etc.
6. In cases of poisoning, the organs must be preserved and send to a
competent toxicologist for proper analysis.