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SEXUAL OFFENCES

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SEXUAL OFFENCES A POWER POINT PRESENTATION BY DR.SANGEETA CHOWDHRY & DR.SUNIL SHARMA DEPARTMENT OF FORENSIC MEDICINE & TOXICOLOGY GOVT. MEDICAL COLLEGE JAMMU (JAMMU AND KASHMIR)

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DEFINITION Sexual offences are acts of illegal sexual intercourse with another person or with an animal or any other illegal act to obtain sexual gratification

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CLASSIFICATION NATURAL OFFENCES 1. Natural offences: - It includes those offences which are committed in order of nature, i.e. penetration of vagina by the penis--- Rape, Incest & Adultery. 2. Unnatural offences: - Sexual intercourse performed against the order of nature----Sodomy or anal coitus or Greek Love or Buggery, Buccal coitus or oral coitus, Lesbianism or Tribadism & Bestiality. Sex-linked offences :-( a) Indecent assault: - Any offence committed on a female with the intension or knowledge to outrage her modesty (b) Sexual perversions: - Sexual perversions are habitual acts to obtain sexual gratification without sexual intercourse i.e. Sadism, Masochism, Necrophilia, Fetishism, Transvestism, Exhibitionism, Masturbation, Voyeurism, Frotteurism, Uranism, Urolangia, Troilism, Corprophilia Other sex-linked offences under the immoral traffic act, e.g. kidnapping of a woman, unlawful prostitution, etc.

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CLASSIFICATION NATURAL OFFENCES Natural offences: - It includes those offences which are committed in order of nature, i.e. penetration of vagina by the penis--- Rape, Incest & Adultery.

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FACTS ABOUT RAPE-A BITTER REALITY A charge of rape is easy to make, hard to prove, harder still to disprove.

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RAPE -- IPC 375 Rape is defined as unlawful sexual intercourse by a man with his wife under the age of 15 years, with any woman under the age of 16years, or above that age, against her will, without her consent, or with her consent when it has been obtained by unlawful means.

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WHAT DOES CONSENT IN RELATION TO RAPE CASES MEANS? Woman of 16 yrs or above Free and voluntary Sound mind, not intoxicated Prior to the act

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RAPE -- IPC 375 With his wife under the age of 15 years

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RAPE -- IPC 375 Any other women under the age of 16 years with/without her consent

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RAPE -- IPC 375 Any other women above the age of 16 years against her will, without her consent(3a) when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

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RAPE -- IPC 375 With her consent (3b) when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

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RAPE -- IPC 375 With her consent(3c), when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she consents.

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RAPE -- IPC 375 Exception Sexual intercourse by a man with his wife, the wife not being under 15 years of age, is not rape. If the wife is above 15 years of age, sex without her consent and will.... Is not rape

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WHAT CONSTITUTES RAPE? Male private parts inserted into female, no rule extent of depth Need not be completed act of intercourse Slightest penetration of penis within vulva, with or without emission of semen or rupture of hymen. Committed even when inability to produce penile erection. No age limit for accused – potency decided by court based on evidence.

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376 IPC-- PUNISHMENT FOR RAPE Punishment for rape may extend from seven years to life imprisonment along with fine. If the woman raped is his wife and is not under 12 years, the imprisonment may extend to 2 years with/without fine.

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376 IPC-- PUNISHMENT FOR RAPE When the victim not being the wife, is below 16yrs, sexual intercourse amounts to rape and is called “STATUTORY RAPE”. (Question of consent or non-consent does not arise)

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376A IPC-- PUNISHMENT FOR RAPE Intercourse by a man with his wife during separation:-shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

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376B IPC-- PUNISHMENT FOR RAPE Intercourse by public servant with woman in his custody :-( custodial rape) -shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

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376C IPC-- PUNISHMENT FOR RAPE Intercourse by superintendent of jail, remand home, etc. shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. SUPERINTENDENT OF JAIL

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376D IPC-- PUNISHMENT FOR RAPE Intercourse by any member of the management or staff of a hospital with any woman in that hospital:-shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. MANAGEMENT OR STAFF OF A HOSPITAL

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GANG RAPE Where a women's is raped by one or more in a group of persons shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine.

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228A.DISCLOSURE OF IDENTITY OF THE VICTIM OF CERTAIN OFFENCES, ETC Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

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SECTION 327 CrPC The inquiry into and trial of rape or offence under Section 376 IPC shall be conducted In- camera – ‘ in a room’ and the proceedings are heard in a judge’s private chamber or in a courtroom which has been cleared of spectators.

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INCEST Sexual intercourse by a man with woman who is closely related to him by blood i.e. Daughter Granddaughter Aunt Mother Sister

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INCEST Predisposing factors:- Occurs between defectives unable to understand prohibitions against it.  

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INCEST Predisposing factors:- Alcohol removes sense of prohibition.  

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INCEST Predisposing factors:- Cerebral disease, senile degeneration.

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INCEST Predisposing factors:- Close relations living in intimacy.  

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INCEST In India incest is not a cognizable offence and police cannot take any notice unless the offence is brought into any of the penalizing sections, such as 376 and 497 IPC

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ADULTERY Voluntary natural sexual intercourse between a married man and someone other than his wife or between a married woman and someone other than her husband i.e. having sexual intercourse with someone who is not his/her legally wedded spouse.

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ADULTERY Section 497 IPC (imprisonment up to 5 years with/without fine) and Section 498 IPC (imprisonment up to 2 years with/without fine) deals with adultery.

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DIFFERENCE BETWEEN ADULTERY AND FORNIFICATION In fornification, the two sexes are not married.  

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UNNATURAL OFFENCES Section 377 IPC defines unnatural sexual offences as carnal (sexual) intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. When offence is done without the consent of passive agent, active agent is guilty.

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UNNATURAL OFFENCES Sodomy or Greek Love or Buggery (It used to be practiced in the town of Sodom and so the name is sodomy)

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UNNATURAL OFFENCES It is defined as anal intercourse between 2 males (homosexual sodomy), or male & female (heterosexual sodomy). It is called Paederasty when passive agent is a young boy and the passive boy is called Catamite. If the passive agent is adult; it is called Gerontophilia. Active agent is one who performs act and passive agent is one on whom act is performed. Habitual passive agents are called “fairies gays” or “queen in west”. In India they are called “Zananas”. Homosexual offence is frequent among sailors, prisoners, hostels, military barracks who are sex starved. Hermaphrodites may act as passive agents.

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UNNATURAL OFFENCES It is defined as anal intercourse between 2 males (homosexual sodomy)

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UNNATURAL OFFENCES Male & female (heterosexual sodomy).

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UNNATURAL OFFENCES It is called Paederasty when passive agent is a young boy.

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UNNATURAL OFFENCES Passive boy is called Catamite.

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UNNATURAL OFFENCES For investigation of the crime, medical examination of both active and passive agent is necessary.

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UNNATURAL OFFENCES-BUCCAL COITUS, SIN OF GOMORRAH OR INTERCOURSE IN OS Falls under Section 377 IPC and is punishable accordingly. It is also called Sin of Gomorrah because it was prevalent in a Biblical town of that name. Male organ introduced into mouth of child. Buccal swabs of victim teeth within 8hrs of oro-penile contact will reveal seminal traces, provided there was no cleaning of teeth or consumption of hot drinks. Rarely, faint teeth marks and abrasions on penis of assailant Death – aspiration of semen, impaction of penis in oropharynx. Diagnosis – semen in respiratory tract, stomach Fellatio means the oral stimulation or manipulation of the penis either by male or female. Cunnilingus means the oral stimulation of the female genitals.

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UNNATURAL OFFENCES-BUCCAL COITUS, SIN OF GOMORRAH OR INTERCOURSE IN OS Fellatio means the oral stimulation or manipulation of the penis either by male or female.

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UNNATURAL OFFENCES-BUCCAL COITUS, SIN OF GOMORRAH OR INTERCOURSE IN OS Cunnilingus means the oral stimulation of the female genitals.

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TRIBADISM OR LESBIAN LOVE OR LESBIANISM In Greek mythology, the female population of the isle of Lesbos practiced this perversion and hence the name. It is gratification of sexual desire of a woman by another woman. It is also known as female homosexuality. The instrument of passion is usually the clitoris which may be enlarged. Tribadism is a form of mental aberration and is indulged by women who have repulsion for men or who suffer from nymphomania. (Perverted uncontrollable sexual desire) The condition is of little medico legal interest and the medical examination is of no value in deciding whether the offence has taken place.

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BESTIALITY It means sexual intercourse by a human being with a lower animal, either through the anus or the vagina. The offence is punishable under Section 377 IPC. Any animal, either domesticated on the farm animals or pets – calves, sheep, ducks, geese, donkeys, and dogs may be used. Generally sheep are used by the males, dogs and cats by the females. On most occasions, the animal manipulates the genitalia by mouth and actual coitus is not quite common. The accused may be a young person employed to look after the animals, sex-starved lonely individual, or one suffering from some mental aberration. The superstitious belief that STDs are cured by sexual intercourse with a lower animal may lead to bestiality.

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ZOOPHILIA Having sex with animals or having recurrent fantasies of sex with animals.

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SODOMY OR GREEK LOVE OR BUGGERY Active agent is one who performs act and passive agent is one on whom act is performed. Habitual passive agents are called “fairies gays” or “queen in west”. In India they are called “Zananas”. Homosexual offence is frequent among sailors, prisoners, hostels, military barracks who are sex starved. Hermaphrodites may act as active and passive agents.

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BESTIALITY It means sexual intercourse by a human being with a lower animal, either through the anus or the vagina. The offence is punishable under Section 377 IPC. Any animal, either domesticated on the farm animals or pets – calves, sheep, ducks, geese, donkeys, and dogs may be used. Generally sheep are used by the males, dogs and cats by the females. On most occasions, the animal manipulates the genitalia by mouth and actual coitus is not quite common. The accused may be a young person employed to look after the animals, sex-starved lonely individual, or one suffering from some mental aberration. The superstitious belief that STDs are cured by sexual intercourse with a lower animal may lead to bestiality.

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SEXUAL PERVERSIONS Sexual perversions are habitual acts to obtain sexual gratification without sexual intercourse.

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PARAPHILIA Paraphilia (Greek para: beside, philos: loving) “Recurrent, intense sexual urges, fantasies, or behaviors that involve unusual objects, activities, or situations and cause clinically significant distress or impairment in social, occupational or other important areas of functioning.”

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SADISM (ALGOLAGNIA) The name sadism is derived from the French writer Marquis de Sade (1740-1814), who wrote books in which characters enjoyed being cruel and much of his writing was done while in prison.

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SADISM- MULTIPLE INJURIES ARE INFLICTED ON ANY PART OF THE BODY This type of perversion is more common in males. Person gets sexual gratification by infliction of pain or physical cruelty, like beating, biting, whipping, cigarette burns or ill-treating the partner. Multiple injuries are inflicted on any part of the body, but breast and external genitalia are generally selected. In extreme case, even a murder is committed (Lust murder)

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SADISM –LUST MURDER LUST MURDER:-it is a homicide in which the offender stabs, pierces, slashes, or otherwise mutilates the sexual organs or areas of the victim’s body. With torturing the partner, sexual arousal starts and with the death of the partner, full gratification is obtained. The mutilation of the victim may include evisceration and/or displacement of the genitalia.

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SADISM- (NECROPHILIA). After murder, the sadist may have sexual intercourse with her (necrophilia).

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SADISM -NECROPHAGIA He may tear out the genitalia or other organs may suck or lick the wounds or eat the flesh of the victim to derive sexual pleasure (necrophagia/anthropophagy). It is the consequence of extreme sadist practice.

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SADISM- SEXUAL OBSESSION A lust murder begins with the obsessive compulsions of the offender. These sadists have sexual obsession with their victims, and organized lust murderers may stalk their victims for months or weeks before the actual killing.

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MASOCHISM (PASSIVE ALGOLAGNIA) The term is derived from the 19th century author Leopard Von Sacher Masoch, an Austrian novelist who portrayed characters suffering from this perversion. As a stimulus to write, he liked to be whipped by his wife.

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MASOCHISM (PASSIVE ALGOLAGNIA) Sexual gratification is obtained only when they receive painful stimulus from opposite partner. It is the reverse of sadism and more common in males.

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MASOCHISM (PASSIVE ALGOLAGNIA) Masochistic asphyxial death may occur due to accidental hanging or strangulation in a masochist during masochistic exercise (autoerotic death). In autoerotic hanging, sexual pleasure is derived by partial reduction of blood supply to brain.

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MASOCHISM (PASSIVE ALGOLAGNIA) Sadism and Masochism are rarely found in pure state (combined entity is known as sadomasochism). They are usually found together with one type dominant over the other. The combination is known as bondage.

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MASOCHISM (PASSIVE ALGOLAGNIA) This is found in all age groups and among all socio-economic strata. These acts of cruelty may completely substitute the sexual intercourse. Nakedness of victim, feminine attire, and exposed genitalia are hallmark of these deaths.

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FETICHISM Alfred Binet, the French psychologist coined the term i.e. mystical qualities to inanimate objects. This is a perversion in which sexual gratification is associated with contact and sight of certain parts of the female body, or even clothing, or other articles known as fetish objects. A fetish object is an object which attracts a person with irrational fascination amounting to magical attraction. Any article like clothing, dress particularly the undergarments—panties, bra, handkerchief, shoes, hair etc. (the list is limitless) of female acts as stimulus. He would like to have these articles for sexual gratification and may masturbate in them. He may develop an irresistible habit to steal these objects. The fetishist who is fascinated by female hair may follow females with long hair and may resort to cutting them.

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EXHIBITIONISM It is a desire and intentional exposure of genitalia in public places while in presence of others (mostly in front of children or females) to obtain sexual pleasure. This act may be accompanied by with/without masturbatory acts. Occasionally female may expose themselves in public. This perversion is more in males and is called “flashers”. Most of them are psychopathtic or suffer from compulsive neurosis. Exhibitionism is an obscene act punishable under Section 294 IPC with imprisonment upto 3 months and or fine.

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TRANSVESTISM/EONISM Magnus Hirschfeld coined the term (Latin—Trans:-across, over; vestitus: dressed) to refer to the sexual interest in cross-dressing. The tem Eonism is derived from Frenchman, “Chevalier d Eon de Beaumont” , who practiced this perversion. This is a perversion in which the personality of the individual is dominated by the desire to be identified with the opposite sex. The fantasy indulged in is clearly “being a female” if a male, and “being a male”, if a female. The clothes worn are usually underclothes, brassier, knickers, etc, of an expensive and alluring type. The perversion is also seen in females who dress themselves in male attire.

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URANISM In this type of perversion, the pervert gets sexual gratification by fingering, fondling, or licking. “Fellatio” means oral stimulation of the penis by the male/female, and “Cunnilingus” means oral stimulation of the female genitalia. This perversion is more common than generally thought of.

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UROLAGNIA (UROPHILIA, UNDINISM) The pervert gets sexual gratification by the sight or odour of urine and /or by urination. The word is derived from Greek (ouron: urine, lagneia: lust) and these types of perverts may enjoy urinating on another person or being urinated upon. (Golden showers)

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COPROPHILIA (Greek- kopros: excrement, filia: fondness) It is a morbid attraction to, and sexual gratification obtained from faeces (liking, smell, taste or feel)

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COPROPHILIA Eating of faeces is known as Coprophagia. A case has been reported by such pervert in whom he would smear his partner’s body with faeces before attempting intercourse.

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VOYEURISM (SCOPTOPHILIA) In this the pervert has morbid desire to observe people undress, taking bath, see the genitalia or watch intercourse to get erotic excitement and sexual gratification. Voyeurs (French voir: to see, observer) frequently peep into the bedrooms of others and are therefore called “Peeping Toms”. Some voyeurs prefer to observe their own wives being seduced by other men. This act may be accompanied by exhibitionism or masturbation.

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FROTTEURISM This is a perversion mostly seen in males; in which the pervert has compulsion to rub the genitalia against a female’s body, usually in lifts or in crowded bus to get sexual gratification and even orgasm. This is an offence and punishable under Section 290 IPC (fine of Rs. 200) and Section 291 IPC (imprisonment for 6 months and /or fine).

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TROILISM The pervert gets sexual gratification by inducing his wife to have sexual intercourse with another man and by observing the same.

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MASTURBATION (ONANISM) It is defined as deliberate self-stimulation of the genitalia which results in sexual arousal leading to orgasm. Masturbation is seen in both men women. It is an offence when practiced openly, e.g. in telephone booths, bus or toilet.

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TELEPHONE SCATOLOGIA In is a form of sexual pervasion in which the pervert gets sexual excitement/gratification/orgasm by calling on telephone. The pervert makes obscene phone calls, such as describing one’s masturbatory activity, threatening to rape the victim, or trying to find out the victim’s sexual activities.

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AUTAGONISTOPHILIA Having sex in front of others.

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AUTONEPIOPHILIA Wearing diapers for sexual pleasure.

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KLISMAPHILIA Deriving sexual pleasure from the use of enemas.

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PARTIALISM Another variant of Fetishism. People with Partialism are solely interested in the sexual gratification from a specific body part, examples are feet, neck, underarms, back, etc.

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SOMNAPHILIA Having sex with a sleeping person.

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STIGMATOPHILIA Deriving sexual pleasure from skin piercing or a tattoo.

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  PYROPHILIA Pyrophilia is a relatively uncommon paraphilia in which the patient derives gratification from fire and fire-starting activity. It is distinguished from pyromania by the gratification being of a sexual nature

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  MECHANOPHILIA Mechanophilia is a fetish where an individual is sexually attracted to mechanical objects. This means that bicycles, cars, helicopters, airplanes, vacuum cleaners, computers, robots, (must we go on?) become the objects of a person's sexual affections

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ACROTOMOPHILIA Acrotomophilia involves a sexually driven fascination with losing a limb.

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APOTEMNOPHILIA Apotemnophia involves a sexual attraction to those who have already lost a body part (amputees).

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    FORMICOPHILIA Formicophilia is a form of Zoophilia (sexual attraction to animals) that involves an interest in small insects. Individuals with this sexual fascination find pleasure in having ants, spiders, etc. crawl on their body and bite them.

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  HYBRISTOPHILIA Defined as the sexual attraction to individuals who have committed gruesome crimes, hybristophilia does not pose immediate danger to an individual in the same way the other fetishes on this list do.

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    EMETOPHILIA Emetophilia is the sexual fetish in which a person is aroused by vomiting or observing vomiting.

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  HEMATOLAGNIA Hematolagnia is the sexual fetish, often times connected to vampirism, which involves finding sexual gratification through blood and bleeding.

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OMORASHI Most common in the Japanese culture, omorashi is the sexual fetish in which individuals are aroused from having a full bladder.

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INDECENT ASSAULT Any offence committed on a female with the intension or knowledge to outrage her modesty. This can mean anything, from an unproven rape to merely touching the buttocks in a crowded bus, fondling the breast, thighs, perineum, kissing a woman forcefully, or putting up a woman’s skirt constitute indecent assault.

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ALLEGATIONS AGAINST DOCTORS One of the biggest risks in medical practice is the vulnerability of male doctors to the allegations by women patients of indecent assault during consultation or treatment session which may vary from intimate touching, to kissing, fondling the breast or private parts and even actual intercourse amounting to rape. Stripping naked a female patient for medical examination is regarded as an assault and is punishable. Under Section 354 IPC, if found guilty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

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OTHER SEX-LINKED OFFENCES These include offences :- Under the IMMORAL TRAFFIC ACT 1.Kidnapping of a woman 2.Unlawful prostitution

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OTHER SEX-LINKED OFFENCES In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute.

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KIDNAPPING SECTION 366 IPC. Kidnapping, abducting or inducing woman to compel her marriage, etc.--Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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KIDNAPPING SECTION 366A. Procuration of minor girl.— Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

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KIDNAPPING SECTION 366B. Importation of girl from foreign country.— Whoever imports into (India) from any country outside India (or from the State of Jammu and Kashmir) any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

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PROSTITUTION The practice or occupation of engaging in sex with someone for payment. The corrupt use of one's talents for personal or financial gain. UNLAWFUL PROSTITUTION

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PROSTITUTION Legally, prostitution is also defined as the sale of sexual services which include sexual acts not amounting to copulation and intercourse. Payment can be in the form of money or any other mode except for a reciprocal sexual act. Many feel that this kind of definition with an all inclusive language support selective enforcement of the law as per the whims and fancies of the enforcement agency leading to absolute control of women.  UNLAWFUL PROSTITUTION

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PROSTITUTION Section 373. Buying minor for purposes of prostitution, etc.  Whoever buys, hires or otherwise obtains possession of any 1[person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be] employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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PROSTITUTION Indian Penal Code (IPC)  Section 372. Selling minor for purposes of prostitution, etc. Whoever sells, lets to hire, or otherwise disposes of any 1[person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be] employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.

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THANKS 101

Summary: A POWER POINT PRESENTATION BY DR.SANGEETA CHOWDHRY & DR.SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE & TOXICOLOGY, GOVT. MEDICAL COLLEGE, JAMMU (JAMMU AND KASHMIR)

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