SPECIALIZED CRIME

INVESTIGATION
WITH LEGAL MEDICINE

LESSON 15: Medico-Legal Aspects of Sexual Crimes

What is Virginity? It is a condition of a female who not experienced sexual intercourse.
Kinds
1. Moral virginity
2. Demi-virginity
3. Virgo-Inacta
4. Physical virginity - True physical virginity, False physical virginity

ASS: DEFINE THE FOLLOWING TYPES OF VIRGINITY. (UPLOAD YOUR ANSWER AT FINAL-ASSIGNMENT)
Determination of the condition of virginity
1. Breast
2. Vaginal canal
3. Labia majora minora
4. Fourshette & perineum
5. Hymen
6. Rougosites

What is Defloration? It is the laceration or rupture of the hymen as a result of sexual intercourse.
Classification
1. Incomplete Laceration – Superficial or Deep
2. Complete
3. Complicated

Healing Time of Hymenal Laceration

1. superficial – 2 to 3 days
2. extensive tear – 7 to 10 days
3. complicated – if with intervening infection will require longer to heal

Duration of Laceration of the Hymen

1. fresh bleeding laceration – rupture quite recent
2. healing – after 24 to 7 days
3. recently healed – 7 days to 3 months
4. old healed – 3 mos to years

Medical Evidence to Consider in Sexual Crimes

1. Evidence from the victim
2. Alleged time and place of the commission of the crime.
3. Date, time and place of the examination.
4. Condition of clothing.
 5. Physical and mental development of victim.
6. Gait, facial expression etc.
7. Examination of body for sign of violence
8. Examination of genetalia
a. hymen
b. hymental orifice
c. vaginal canal
d. rougosites
e. fourshette
f. pubic hair
g. labias
h. presence of spermatozoa

LESSON 13: Medico—Legal Aspects of Pregnancy

Pregnancy – is a state of a woman who has within her body the going product of conception.
Legal importance of the study of pregnancy
1. Pregnancy ground for the suspension of the execution of the death sentence in women
2. A conceived child is capable of receiving donation.
3. Duration of pregnancy – 270-280 days from onset of last menstruation.
4. Abnormally prolonged gestation – beyond 300 days.
5. Minimum period of gestation – compatible with viability of the child born at 180 days may live.
6. Super fecundation – fertilization made by separate intercourse of two ova which have escaped at the same act of ovulation.
7. Pseudocysis or spurious pregnancy – imaginary pregnancy

Medico-Legal Aspects of Delivery

1. Delivery is the process by which in a woman gives birth to her offspring.
2. Puerperium – is the interval between the termination of labor (delivery) to the complete return of the reproductive organ its normal
pregnant state-last from 6 to 8 weeks.
3. The study of delivery is important because proof delivery is necessary in judicial action on the following:
a. Legitimacy
b. Abortion
c. Infanticide
d. Concealment of birth
e. In slander or libe
4. Methods of delivery
a. Natural Route – the normal passages- Spontaneous, Surgical intervention, Instrumentation
b. Surgical Route – Abdominal caesarian section, vaginal caesarian section, Post-mortem caesarian section

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Medico-Legal Aspect of Abortion
Willful killing of the fetus in the uterus, or violent expulsion of the fetus from the natural womb and which results to the death of the
fetus
Principal elements of crime
1. That the expulsion of the product of conception is induced.
2. That the fetus dies either as an effect of the violence used, drug administered or fetus was excelled before the term of its viability.

Provision of the Revised Penal Code on Abortion

Intentional Abortion
1. That the woman is pregnant
2. Violence was applied on such pregnant woman without the intention of abortioning her.
3. The woman aborted as result of the violence.

Unintentional Abortion
1. The woman must be pregnant
2. Violence was applied on such pregnant woman without the intention of abortioning:
3. The woman aborted as aborted as result of the violence.

Abortion Practiced by the woman herself or by her parents

1. The woman is pregnant
2. Abortion is intended to be committed
3. Abortion is induced by
4. The pregnant woman
5. Other person with consent of the pregnant woman
6. The presents of the woman, or either of them for the purpose of concealing her dishonor and with the consent of the woman herself

Abortion practiced by a physician or midwife and dispensing of abortions

1. The woman is pregnant
2. The physician induced or assisted in causing the abortion
3. The acts done by the physician or midwife intended to cause an abortion
4. There must be intention of the physician to produce abortion and the absence of intention will not make the physician criminally
liable.

Kinds of Abortion
1. Spontaneous or natural
2. Induced – therapeutic or criminal

ASS: DEFINE THE FOLLOWING KINDS OF VIRGINITY. (UPLOAD YOUR ANSWER AT FINAL-ASSIGNMENT)

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Medico-Legal Aspects of Birth
Legal importance of the study of birth
1. Birth determines personality
2. Appearance of a child is ground for the revocation of donation.
3. Proof of live birth must first be shown before of the child by the prosecution in the case of infanticide

Medico-Legal Aspects of Infanticide

INFANTICIDE – is the killing of a child less than three (3) days old.

How the crime committed?

1. By omission or neglect
a. Failure to litigate the umbilical cord
b. Failure to protect the child from heat and cold
c. Omission to take the necessary help of a midwife or skilled physician.
d. Omission to supply the child with proper proof food.
e. Omission to remove the child from the mother’s discharge with resulted to suffocation

2. By Commission
a. By inflicting physical injuries
b. By suffocation
c. By strangulation
d. By drawing
e. By poisoning
f. By burning
g. By deliberate exposure to heat and cold

2. Other allied causes

a. Abandoning a minor
b. Abandoning a minor by person entrusted with custody indifference of parents.

Medico-Legal Aspects of Paternity and Filiation

PATERNITY – is the civil of the father with respect to the child begotten him.
FILIATION – is the civil status of the child in relation to its mother or father.

Legal importance of determining Paternity & Filiations

1. For succession
2. For enforcement of the naturalization and immigration laws.

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Kinds of children
1. Legitimate children (proper) – born in lawful wedlock or within 300 days after the dissolution of marriage.

Presumption of Legitimacy – children born after 180 days following the celebration of marriage, and before 300 days following
its dissolutions or the separation of the spouses shall be presumed to be legitimate.
Against their presumption no evidence shall be admitted other than that of the physical impossibility of the husband’s having access
to his wife within the 180 days of the 300 which preceded the birth of the child.

This physical impossibility may be caused by:

a. The impotence of the husband; the fact that the husband and wife were living separately in such a ay that access was not
possible.
b. By the serious illness of the husband.

Requisites of the presumption

a. There is a valid marriage
b. the birth of the child took place after 180 days following the celebration of marriage or within 300 days following its dissolution
or separation of spouse;
c. There is no physical impossibility of the husband having access to the wife during the first 120 days of the 300 proceeding
the birth of the child.

2. Legitimated Children

Legitimation – is defined as a remedy or process by which a child born out of lawful wedlock and are therefore considered illegitimate are
by fiction of law considered by subsequent valid marriage of the parents.
Children that can be legitimated:
a. Natural children (proper) - Natural children are those born outside lawful of parents who, at the time of the conception of the
former were not disqualified by any impediment to marry each other.

3. Adopted Children
Adoption – is defined the act or proceeding by which of paternity and filiation are recognized as legally existing between persons
not so related by nature.
Persons who may be adopted:
a. The natural child by the natural father or mother;
b. Other illegitimate children, by the father or mother;
c. A step-child, by the step-father or step-mother;
d. Any person, even if age provided adopter is sixteen years older

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 3. Illegitimate Children
a. Natural Children
 Natural Children (proper)
 Natural children by legal fiction – natural children by legal fiction are those born of void degree of annulment.
 Natural children by presumption - are those natural children acknowledge the father or the mother separately if the
acknowledging parent was legally competent to contact marriage at the time of conception.

b. Spurious Children - Illegitimate who are not natural are considered spurious children may be:
 Adulterous Children – conceived in an act of adultery or concubinage.
 Sacrilegious Children – children born of parents who have been ordained in sacris.
 Incestuous Children – children born by parents who are legally incapable of contracting valid marriage because of their
blood relations as marriage between brothers and sisters, father and daughter, etc.
 Manceres – children conceived by prostitute. It is very difficult to determine the father because of the nature of the work.

Artificial Insemination
It is the introduction of seminal fluid with spermatozoa in the generative of a woman by any means of springe, pipette, irrigator, etc.

Status of Children born by artificial Insemination

a. If the donor is the husband, the child must be unquestionable legitimate.
b. If the semen came from a donor than the husband, with the consent of the later, the child may also consider legitimate in as
much as it born lawful wedlock and there is consent of the husband.
c. If the semen came from a third party and introduced to the wife without consent or against the will of the husband, the child is
illegitimate (adulterous).

Evidence of Paternity and Filleting

1. Medical Evidences
a. Parental likeness
b. Blood grouping
c. Evidence from the mother - Proof of previous delivery, Proof of physical potency & fertility, Proof of capacity to have access
with the husband
d. Evidence from the father - Proof of physical potency and fertility, Proof of access

2. Non-Medical Evidences
a. Record of birth in the civil registrar, or by an authentic document or a final judgment.
b. Continuous possession of the status of a legitimate child.
c. Any other allowed by the Rules of Court and Special Laws.

Medico-legal Aspect of Impotency and Sterility

Impotency – is the physical incapacity of either sex to allow or grant to the other legitimate sexual gratification.
Legal importance of impotency
a. Impotency, if proven, will overthrow the presumption of legitimacy.
b. Impotency maybe ground for the annulment of marriage

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Cause of impotency
a. General or functional, unconnected directly with the sexual organs: age, Illness, Emotion, Hormonal dysfunction
b. Local or organic, in direct connection with the sexual organs: Congenital defects in males like non-development of the penis,
mal development of the penis, penis adherent to the scrotum, duplex organ; or in females like absence of vagina, vagina ill-
developed, vagina occluded by intra-uterine disease.
c. Disease or Accident - In males: acute disease of the penis as gonorrhea, chronic disease of the penis as epithelioma, complete
amputation of the penis, removal of the testes, sexual abuse; In the females: vaginal laceration, disease of the vulvae,
obstruction of the vaginal canal due to tumor cyst or fibroid.

Sterility – is the loss of power procreation and is absolutely independent of whether or not impotency is present.

Local cause of Sterility

1. Congenital
a. In the male: Absence of testicle, Absence of penis, Mal-development of the testicle, Misplacement of the testes, Mal-formation
of the penis, as epipadias or hypospadias
b. In the female: Absence or mal-development of the ovary, Absence or mal-development of the uterus, Absence of the vagina

2. Acquired conditions
a. In the male: Complete amputation of the penis, Excision of the testicle, Diseases of the testicle, Atrophy of the testicle
b. In the female: Excision of the ovary, Diseases of the ovary, Occlusion of the vagina from the diseases, Diseases of the vagina,
Occlusion of the fallopian tubes.