Rape (Article 117 of the Criminal Code). Rape is one of the most serious crimes.
Under the rape understand sexual intercourse, committed without the consent of the victim, through the use of physical or mental (threat) of violence or using the helpless state of the victim.
When studying the circumstances of rape, it is necessary to carefully analyze the conditions that promoted violent sexual intercourse: deserted locality, surprise of an attack, woman’s confusion, fatigue , pain, fear, physical weakness, and the state of helplessness of a woman, drug use and, finally, threats. In the case of the rape of minors, not only physical weakness of a violent person is important, but also ignorance of methods of protection, as well as a relatively fast-on loss of the ability to resist.
There are cases of group rape, when one abuser produces copulation, while others eliminate the resistance of a woman, which can eliminate the presence of traces of physical pressure on the body of the victim. With group rape, sexual intercourse is repeated, therefore there is a need for laboratory differentiation of the origin of sperm from different individuals.Go
Rape using a helpless state can occur, for example, when a woman’s physical weakness is due to illness, fainting, shock, seizure, if there is any deformity, mental illness, artificially induced sleep, alcohol intoxication, etc.
One of the most important conditions for examination in cases of rape is its timely production, because the delay can destroy evidence (traces of sperm, etc.), and the damage obtained during copulation may lose its original appearance or even be smoothed out. Of great importance is a detailed elucidation of the circumstances of the incident, in particular the nature of the resistance the woman has imposed on the perpetrator. It is highly advisable that a forensic expert participate in the examination of the scene of the incident, which allows clarifying the circumstances of the incident and competently seizing the evidence.
In the production of forensic medical examinations in cases of rape the following issues need to be addressed:
1. Is the anatomical integrity of the virginal membrane broken and what is the age of its violation. Does the hymen in its structure admit the possibility of sexual intercourse without violating the anatomical integrity?
2. Are there any reliable signs of former sexual intercourse?
3. What consequences did a woman have for sexual intercourse?
4. Are there injuries on the body of the victim and what are their nature, localization, mechanism of formation, prescription, severity?
Before proceeding with the examination of the victim’s body and genitals, it is necessary to thoroughly ask her about the circumstances of the incident.
In each case of rape examinations, it is first necessary to look for evidence of copulation. We must remember that rape can be accompanied by sexual perversions. The whole body of the injured should be examined to determine the issue of damage, the mechanism and the duration of their damage.
There are no specific signs that prove the physical effects of rape. However, abrasions, bruises and wounds on the inner surfaces of the thighs, rape may accompany the genital area. Damage to the neck, hands, forearms, on the back, around the mouth are characteristic of the fight and self-defense.
The expert assessment also includes the consequences that may have arisen as a result of forced intercourse; these include physical and mental trauma, pregnancy , infection with venereal diseases, suicide, etc.
Skillful and timely taking of material evidence and their immediate transfer to the forensic laboratory are important in the investigation of rape. When examining the clothing of the victim carefully describe the damage to it, as well as traces of blood, semen, vaginal secretions and hair.
When examining cases of rape, it is necessary to examine the suspect in order to detect injuries resulting from the fight, traces of the victim’s blood on the genitals, under the nails and other parts of the body, as well as the hair of the victim and other material evidence. In this case, it is advisable to offer suspects of rape to remove all clothes and consistently inspect certain parts of the body.
Sometimes false or unsubstantiated allegations of rape occur, accompanied even by self-harm. At the same time, motives can be very different - revenge, selfish ends, false memories, hallucinations, and sometimes a conscientious delusion in assessing the qualifications of a fact, etc.