Rape: A man to said to commit rape, if he has sexual intercourse with a woman.
1. against
her will,
2. against
her consent,
3. with
her consent when her consent has been obtained by putting her or any person in
whom she is interested in fear of death or of hurt,
4. with
her consent, when the man knows that he is not her husband and that she has
given consent because she believes that he is another man to whom she is
lawfully married.
The slightest penetration of the penis within the vulva,
such as the minimal passage of gland between labia with or without emission of
semen or rupture of hymen constitutes rape.
Consent given for sexual intercourse become
invalid-
1. When
it is obtained by fraud, as by impersonation of the husband or by
misrepresentation of facts.
2. When
it is obtained by putting her or any person in whom she is interested, in fear
of death or hurt.
3. When
obtained from a woman who is of unsound mind, or who insensible, or is asleep,
or is in a state of semi-consciousness or in a state of drunkenness.
4. When
the woman is below 16 year of age.
Preliminary requirements:
1. A
requisition for exam. From an authorized person.
2. Proper
identification of the victim by the authorized person.
3. Written
consent of the victim or her guardian (if necessary)
4. Three
copy passport sized photo attested by herself.
5. Presence
of third person- a nurse or a female attendant.
Medical examination proper:
1. Case
reference no. date.
2. Date & hr of exam.
3. Name of the
victim or guardians, occupation & address.
4. Name of person
who identity her.
5. Name of 3rd
person.
6. Undressing of
the victim for exam.
7. Two identification marks.
8. Exam. Of cloths
for blood or seminal attain, mud/other attain, evidence of struggle.
9. General
exam
·
Physical appearance
·
Menstrual history
·
Injuries of the body
·
Age determination
·
Gait
·
Plus.BP
10. Private part exam:
·
Sings of bruising, laceration in genitalia
·
Blood or seminal stain over genitalia
·
Evidence of venereal infection
·
Hymen exam. for tear
·
Collection of vaginal swabs for chemical exam
·
Nail mark or bite mark over breasts.
