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Full text of "Medical Jurisprudence And Toxicology"

EXAMINATION   OF   THE   ACCUSED                                       317

The presence of mud, blood or seminal stains on the clothes or on
the body. The presence of blood stains is an important piece of evidence,
especially if the alleged victim be a child or virgin who has sustained some
injury giving rise to haemorrhage. The absence of stains does not negative
the charge of rape as, although there may have been a considerable loss of
blood from the genitals of the victim, stains would not necessarily be found
on the body or clothes of the ravisher, especially if he had had an opportu-
nity of washing after the act. It is, therefore, necessary that the police
should never allow the accused to go to the bath room alone under any
pretext until the medical examination has been finished, if he is arrested
soon after the crime.

J£he presence of seminal stains only on the body or clothes does not
necessarily prove rape.   It merely indicates a recent emission.

5.   The presence of the marks of a struggle, such as bruises, scratches,
andTeeth bites  on the body,  especially  on the  face,  hands,  thighs  and
genitals.

6.   The clotting of pubic hairs due to the emission of semen.

7.   Thfi presence of hairs similar to those of the female alleged to have
been^raped.   For instance, the hair of the head may be found on the body
of the accused, or the pubic hair of the victim may be found on or about the
prepuce.

«? jTTaddition to scratches or lacerations on the penis caused by the
finger naflGTbf the victim during a struggle, an abrasion or a laceration may
be discovered on the prepuce or glj%ns penis, but more often on the fraeaiim,
due to the forcible introduction of the organ into the narrow vagina of a
virgin, especially of a child, but it is not necessary that there should always
be marks of injuries on the penis in such cases. I have seen cases in which
there was no injury to the penis of the accused, although there were
lacerations of the hymen, posterior commissure, perinseum and even the
vaginal walls of the complainan^victini) .

J)^_If the accused is not circumS§fe4^the existence of smegma round the
cor6na~glandis is proof against penetration, since it is rubbed off during the
act of sexual intercourse, The smegma accumulates if no bath is taken for
twenty-four hours.

10.   The presence of a gonorrhceal discharge or a syphilitic chSncre.
La stlcETcases the female (victim) should be examined for the existence of
either of these venereal diseases with, due regard to their incubation periods.

11.   .Lastly, the locality where the offence was alleged to have been
comrmriecr should be examined, as it might reveal" valuable dues in the
shape of blood stains, pieces of torn clotfnng, marks of ifee body on the
ground, or the crushed and trampled ooBtditioai of the grass in the vicinity.

QUESTIONS

The following are the <x)ntroversial questions, which are likely to arise
in a coUrfot law in cases relating to rape :—               "~

^           healthy actelt female be violated against her will 7-^

ordinary circumstances it is jaot possible for a single man to hold sexual
intercourse with a healthy aehilt female in full possession of her seoo^e§
4g3inst her will, unless sk<e, is taken unawares, thrown accidentally <m
ground and placed in snA a position as to render her completely
or im]pss slbe smroops ^wajrA^^.f^i^ or exhaustion after long
Tba.act nsajr be ^cCT«^Nfe^^'P; yo^pe ifcan one rnam are o
crime, or ^jh&^€K^m^^^J^^.e to resist-   In giving a
"r"*'" ''MS^ratkai t£e