Rape and sexual forensics

2021-07-04 10:15 PM

Rape can happen while working normally, sleeping, drunk, under anesthesia, hypnotized or suffering from a mental disorder.

Outline

Rape, outrage, are all synonyms with the implication of force, bullying, harming, and using violence to fulfill one's desires. Therefore, it is defined: Rape as an act of sexual intercourse without the consent of an adult or underage woman.

Rape is an act that infringes upon the body and dignity of a woman, especially underage rape is considered a crime, a barbaric act because the victim has no concept. sexual, weak physical strength, no resistance, and incomplete development of the genital system, so the offender must be severely punished.

Penalties for rape have many different levels, it depends on the act of lewdness towards an adult or an immature person, having sex inside or outside the hymen. The punishments for this type of crime are all sentenced to the highest sentence such as life imprisonment in Namibia, Egypt, death in Florida (USA). all cases of sexual intercourse with children under the age of 13 are child rape and offenders shall be sentenced to between twelve and twenty years of imprisonment, life or death". However, this type of crime has not been reduced but has tended to increase, and more specifically, this type of crime has appeared in women.

In some countries in the world, in the husband and wife relationship, if the wife does not agree but the husband intentionally, she is also guilty of rape or in the case of divorce, the court has not yet granted the separation but the husband intentionally has sexual intercourse, Her husband is also guilty of rape.

The Penal Code of the Socialist Republic of Vietnam in Chapter XII has identified these 6 types of crimes as follows:

Crime of rape.

Child rape.

Crime of rape.

Child rape.

Crime of intercourse with children.

The crime of lewdness against children.

In developed countries, people are divided into many different types of crimes in the category of sex crimes, ranging from the lightest of wearing or collecting clothes of the opposite sex, causing sexual disturbance to the highest crime of rape and killing.

In addition to the problem of criminal rape, in social life, there are similar civil acts that need to be mentioned: fornication, fornication, self-interest, and incestuous intercourse. The penal code of our country stipulates in Article 150 of Chapter XV as follows: "Whoever has intercourse with a person of the same bloodline, directly related to the same bloodline, with a brother or sister of the same parents, brother or sister of the same mother or another mother. the father shall be sentenced to between six months and five years of imprisonment.”

Rape perpetrators are usually normal people but can also be found in people with mental illness (hyperactivity).

Rape circumstances: Verification of the truth of being raped is based on circumstances, conditions, and locations. Experts can help law enforcement agencies investigate and consider the victim's psychological and mental state, which is necessary to assess the situation. Rape can happen while working normally, sleeping, drunk, under anesthesia, hypnotized, or suffering from a mental disorder.

Normal features of the hymen

Structure of the hymen

The hymen is the partition between the vulva and the vagina, the free border is the limit of the hymen opening, the fixed border clings to the small lip where there is a groove called the hymen vulva fissure. Around the hymen is thick, the closer to the center, the thinner it is, because here are mainly connective tissue and elastic fibers, fewer blood vessels, and nerves. When the hymen has many muscle fibers called the hymen, the dominant connective tissue is the hymen. The thickness of the hymen is from 1 to 2mm, the diameter of the hymen is from 0.5 to 1cm.

The hymen lasts temporarily after many times of intercourse, after the births it tears and gradually shrinks the hymen pieces become irregular, unequal edges, forming small knobs. There is a tough, hard hymen that interferes with intercourse, and there is an elastic type that is easy to have sex with but does not tear.

Morphology of the hymen

The hymen is very diverse, based on the characteristics of the virgin opening, people have names such as hymen, semicircle, calyx, slit-shaped, slit-shaped, spherical, tubular, and tubular. funnel ... It is possible to give 5 common types of the hymen:

The hymen is the most common type, the hymen is round in the middle, and the edges are smooth.

Semicircle: The hymen is slanted upwards, usually towards the urethral orifice.

Slit shape: The virgin hole is just a narrow longitudinal slit.

Star fruit: The edge of the virgin hole has many leaves; this form is easily confused with a tear.

Bridge shape: Structure of two virgin holes on both sides, in the middle there is a separate organization.

Signs of virginity

The signs on the victim's body as well as signs of hymen tearing help us determine whether there is intercourse or not. The hymen tear can occur in many places, the tear line is usually directed towards the anus, the tear can be shallow or deep to the vaginal wall. However, there are cases of having intercourse, but the hymen is not torn.

New torn

Within 3-4 days the edges are red, swollen, and bleeding, normally 4-5 days scar formation, 8-10 days scarring is complete when scarring each side is white, thick, crooked, usually never covered Now the two edges are glued together. If infected for 2-4 days, there is pus and inflammation can last from 15-20 days. Intercourse lacerations are common at the 5 and 7 o'clock positions.

In adult girls, the thin fibrous hymen is easy and easy to tear, the tear is less inflamed, and there is very little damage to the vagina and perineum.

For children from 7 to 12 years old can have intercourse but severe damage such as bruising, inflammation around the vulva, tearing of the vaginal wall, perineum, sometimes the sac is also behind. Signs of lewd injury to children are almost certainly non-consensual.

From the age of 13 or older, the signs of rape are like those of adult women.

For children under 7 years of age, intercourse cannot be performed because the vulva is narrow, so it is less likely to tear the hymen.

Old torn

The tear angle is sharp, uneven, and disproportionate. If intercourse is repeated many times, the outer edge of the large lip becomes flabby to reveal the small lip, the hymen atrophy. Laying many times the hymen is destroyed, leaving pieces like a chicken's crest. In case the hymen is not torn or the two edges stick together, use a magnifying glass to see the hymen losing its shine or seeing a small, opaque white scar. 

Indicate the location of the hymen tear by numerals on the dial.  

Forensic assessment

Traces on the victim's body

Identify signs of virginity:

Find the tear and the nature of the tear. If the tear is new, you may see a tear and bleed, the blood coming out of the hymen tear has epidermal cells, red blood cells, white blood cells, and fibrin. If there are endometrial cells in the blood, it is usually menstrual blood. Blood may be seen on clothing or in places where it occurs.

Find sperm:

In the early case, take the vaginal and vulvar fluid for separate examination to find the shape of the sperm. Sperm normally live for 3 to 5 days in the vagina. In case of late collection of suspected dried fluid, find Florence crystals by soaking the suspect stain with physiological saline, then centrifuging to collect the residue, put on a small glass slide of Florence solution, then cover the glass foil for 15-20 minutes and look under the microscope, if it is semen, you will see iridescent crystals with beveled tips standing discretely or overlapping each other, which are degradation products of sperm.

Find traces of resistance:

Marks of strangulation, nail pressing on the neck, facial scratches in the victim's thighs, on the wrists, arms, and around the mouth, including teeth marks.

Traces on the perpetrator

The victim's resistance marks such as bites, tear marks, hair loss, as well as suspected blood and semen on clothes should be examined and tested soon.

In addition, blood group testing and venereal disease bacteria in the genitals of both the victim and the perpetrator are used to detect additional evidence for the identification of sexual intercourse.

Things to keep in mind when concluding an assessment

The conclusion that rape is not the simplest is the case of a living person, because sometimes the victim is a false accuser, setting up the scene to slander. Before the forensic examination, it is necessary to ask the soliciting agency to know the incident, examine the scene and meet the victim to find out necessary things such as: Circumstances, age, height, weight, mental state, health situation before and after being raped, sexual history, rape position, how to deal with the victim... Ask about the accused's tricks: coaxing, deceiving, threatening.. one or more people raped. All for the purpose of knowing the truth of the matter and comparing the results when assessing.  

Method of examining the victim's genitals

The victim is in the obstetric position.

The index finger of the right hand to visit the rectum is raised and pushed forward, with the left hand, the two edges of the vulva and the hymen will be exposed. Consider the shape, properties, thickness, elasticity of the hymen. Look for lesions in the walls of the vulva, hymen.

Collect fluid from the vulva and vagina to look for venereal bacteria and sperm.

Attention must be paid to the calyx-shaped and star-shaped hymens because they are easily confused with tears. It is important to distinguish a new hymen tear from a flare-up lesion. In cases where the hymen is too wide or the hymen is elastic, although there is intercourse, there is no sign of hymen tear.