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Forensic Difference Between Real Rape and Fake Rape Allegation

Rape followed by murder is one of the most inhuman criminal acts ever committed. Rape victims are basically found in all generations of women, be it a child, sister, wife, mother, or a prostitute. The testimony of the Rape victim overpowers other evidence in the court of law. Sexual intercourse forcefully without the consent of the opposite respective gender is called Rape. According to statistics, 94% of the cases between the victim and the offender knew each other. In India out of four rape cases only one is convicted, according to statistics. Forensically, the examination of the victim’s body must be done within 48 hours. During the lockdown also the crime against women has been reported in different parts as well as in the different generations of women. As many cases constitute a victim-offender known relation, he might be any friend, relative, father. Some cases are seen of fake rape allegations by the victim, after having intercourse with rightful consent blames the opposite respective partner as a sexual assaulter or a rapist. Sometimes, the investigation is misled by the victim and their families, often seen among the sibling who fights for the property. An investigator should always believe in his knowledge and skills. It’s important to know the difference between a fabricated crime scene and a real crime scene. Interpretation of the evidence is very crucial, where evidence plays a vital role. Biological evidence is sometimes misinterpreted due to a lack of experience. For example, a cigarette bud which was present in the crime scene which may belong to any other person rather than the criminal. As a crime scene investigator, it always important to keep in mind the law of probability. In cases of Rape when a condom is used, traces of condom lubricants can be found in genital parts of the victim. Even the condom lubricant is found in the instrumental analysis of Fingerprint Residue, of the offender. Testimony of the victim and the injury marks must be correspondent. In the case of a rape trauma victim, they are sometimes unable to recall the incident, but as an examiner, you must be well aware of the true signs and symptoms of trauma. In Gang Rape cases a mixed sample of seminal fluid is obtained consists of a mixed sample. In the Pandemic Period, we have come across news of various Rape cases, Including Juvenile, prostitutes. Even it is seen that in most cases, offenders are either uneducated, Minor, or belong to a high position in society where they misuse their power.

In cases of forcefully sexual intercourse, the following injuries are basically found Bitemarks, Bruises, Abrasions,

lesions, nail scratch marks. These are generally commonly found in the victim’s body, especially in the genital areas. Injury marks such as bite marks, bruises, are also found on the body of the offender when the victim tries to defend herself. The frequency of the injuries is higher in the case of gang rape cases. The intensity of the injury in the genital parts depends on the proportionate size of both’s organs, as well as their past sexual life experiences. In some cases, the victim causes injuries to herself, when there is a confusing in cases the examination of the pattern of bruising, abrasions, fingernail scratches must be done.

Sexual Offence On Virgin

Losing virginity after 18yrs is one most trending thing in the minds of the young generation, where the offender misses the need for consent of the opposite partner. Hymen rupture is one of the most important evidence of sexual intercourse. In this case, the degree of redness and injuries denote the difference between real rape and fake rape or normal sexual intercourse. This also depends on the extent of penetration. Tearing, redness, bruising, lacerations generally occurs at the 4 o’clock and 8 o’clock position, in case of normal sexual intercourse. While the frequency of this injury increases such as 4 o’clock, 6 o’clock,7 o’clock,8 o’clock Positions respectively, in cases of rape on virgin. The swelling and pain may be persistent for 3-5 days depending upon the intensity of sexual intercourse. Vaginal examination with a glass rod, the vaginal opening is wide than rape can interfere with the presence of bruising and laceration on the external genitals. While if the vaginal opening is narrow, with less intensity of bruising, redness, and swelling then sexual intercourse is generally inferred [1]. This also depends on the size and extent of penetration of the sexual organs. The fourchette is torn in case if the degree of the penetration is high, most seen in rape cases

Sexual Offence on Deflorate Women

In case of a deflorate woman, the sexual experiences are present. The hymen is completed, destroyed. vagina orifice was dilated. Complete penetration can occur without any evidence except semen. The violence marks are less likely as in case of resistance show signs of laceration or bruising and swelling and inflammation of the vulva. The intensity of redness is less. The bruising abrasions are present in the 7 o’clock position, 5 o’clock position of the vaginal orifice. In a deflorate woman for example prostitutes, the intensity of injuries is not too high. If the vagina is thin then injuries such as perforation, tearing redness can be marked. Generally, here the differentiation can be done basis on the frequency of the appearance of injuries in genital parts as

well as on the different areas of the body [1]. In this case, if the intensity of injuries is high, then it can be considered as rape apart from normal sexual intercourse. The injuries such as bitemarks and fingernail scratches show the signs of resistance.

Sexual offence on Children

In children, basically Sexual intercourse is very rare. Most cases of rape are reported. Where the victim and the offender know each other. Signs of resistance are not seen. When the hymen is intact, the penetration might be till the vulva if it is not too violent. If the assault was too violent, then penetration might be deeper. Tearing occurs usually from hymen to perineal body [1-2]. Bruising of vaginal walls, Redness is characterized.

Sexual offence on Man

Sexual offence on the man /boy, etc. Have been one of trending scenario quite a few times. Several sexual assaults on men have occurred. Very few occur in the custody of policemen. In such cases, mostly it is seen that the offenders are mostly bisexual in nature, who have sexual desire for both. In cases, penetration is through the anus. Redness and swelling are highly marked in those cases. Generally, Bitemarks, bruising, laceration may be found on the other parts of the body. Injuries are generally the signs of torcher. Fingernail scraping is also found. They are very least reported. Even in a very small age, poor boys are even sexually harassed.

References

  1. KS Narayan Reddy, Concise Forensic Medicine and Toxicology, Jaypee Brothers Medical Publisher ,4th Edition. pp-140-144
  2. Krishan Vij. A textbook of Forensic Medicine And Toxicology ,5th edition .
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