MEDICO-LEGAL ASPECTS OF SEX CRIMES A.

VIRGINITY Virginity- condition of a female who has not experienced sexual intercourse and whose genital organs have not been altered by carnal connection KINDS: 1. Moral Virginity- the state of not knowing the nature of sexual life and not having experienced sexual relation 2. Physical Virginity- condition whereby a woman is conscious of the nature of the sexual life but has not experienced sexual intercourse a. True Physical Virginity- hymen is intact b. False Physical Virginity- hymen is unruptured but the orifice is wide and elastic 3. Demi-Virginity- a condition of a woman who permits any form of sexual liberties as long as they abstain from rupturing the hymen by sexual act 4. Virgo Intacta- truly virgin woman; no structural changes in her organ PARTS OF THE FEMALE BODYCONSIDERED TO BE DETERMINATION OF VIRGINITY 1. Breasts 2. Vaginal Canal 3. Labia Majora and Labia Minora 4. Fourchette V-shape appearance as the 2 labia minora unite posteriorly 5. Hymen B. DEFLORATION- laceration or rupture of the hymen as a result of sexual intercourse DEGREE OF LACERATION 1. Incomplete laceration- when it does not involve the whole width 2. Complete laceration- whole width but not beyond the base of the hymen 3. Compound or complicated laceration- hymen and also the surrounding tissues DURATION OF THE LACERATION 1. Fresh blood laceration 2. Fresh healing with fibrin formation & with edema of the surrounding tissue- usually after 24 hours 3. Healing laceration with congested edges and with sharp coaptible borders 4. Healing laceration with sharp coaptible borders without congestion 5. Healed laceration with rounded non-coaptible borders and retraction of the edges COMPLICATIONS OF LACERATIONS: 1. Secondary infection 2. Hemorrhage 3. Fistulae formation 4. Stricture 5. Sterility EXAMINATION FOR SEMINAL FLUID AND SPERMATOZOA SEMEN- the viscid, albuminous fluid with faint grayish-yellow color, having the characteristic of fishy odor, and containing spermatozoa, epithelial cells, lecithin bodies and other substances SPERMATOZOON- living organism, normally present in the seminal fluid consisting of a head, neck and tail; 50-55 microns in length 2.5- 5.0 cubic cm of semen per ejaculation PROCEDURE: 1. GROSS EXAMINATIONS a. Inspection by means of the naked eye or with the use of the hand lens b. Inspection by means of UV light
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2. MICRO-CHEMICAL EXAMINATIONS a. Florence Test b. Berberios Test c. Puramen Reaction- presence of spermine in the prostatic fluid d. Acid Phosphatase Test- BEST! 3. MICROSCOPIC EXAMINATIONS a. A dried spermatic fluid stain on the slide is stained with hematoxylin or methylene blue and counter-stained with eosin b. Dr. Hankins Method- seminal stain is boiled with tannin soln c. Gangulis Method- same but staining is with erythrocin and malachite green 4. BIOLOGICAL EXAMINATIONS a. Precipitin Test- to determine whether the semen is of human origin or not b. Seminal Grouping The mere presence of spermatozoa on the stain shows the presence of spermatic fluid, but the absence of spermatozoa does not prove that the stain is not seminal. The semen may be present without spermatozoa. ABORTION - The willful killing of the fetus in the uterus, or violent expulsion of the fetus from the maternal womb and which results to the death of the fetus CLINICAL TYPES: 1. Missed Abortion- an ovum destroyed by hemorrhage into the choriospace, usually before the fourth month of pregnancy 2. Threatened Abortion- hemorrhage w/o dilatation of the internal os 3. Inevitable Abortion- Hemmorhage with dilatation of the internal os and presence of rhythmical pain 4. Incomplete Abortion- not all the product of conception has been expelled from the uterus 5. Complete Abortion- the whole product of conception is expelled CAUSES OF ABORTION: 1. Death of the fetus 2. Abnormality of the uterus 3. Emotional condition 4. Abortifacient drugs 5. Trauma 6. Hormonal deficiency 7. Acute specific fever and high temperature KINDS OF ABORTION: a. Spontaneous or natural abortion- without any form of inducement or intervention b. Induced abortion 1. Therapeutic abortion- done to preserve life of the mother 2. Criminal abortion- done without any therapeutic indication but with criminal intent COMPLICATIONS OF ABORTION: 1. IMMEDIATE UNTOWARD EFFECTS a. Shock b. Hemmorhage and anemia c. Embolism d. Infection e. Poisoning f. Vaginal inhibition g. Perforation of the bladder or any of the neighboring organs 2. DELAYED UNTOWARD EFFECTS a. Infection b. Fistula formation c. Sterility d. Pelvic adhesion

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GROUNDS FOR THERAPEUTIC ABORTION 1. Cardiovascular conditions 2. Renal conditions- chronic nephritis, TB, pyelitis 3. Pulmonary conditions as advanced TB 4. Blood condition as severe anemia 5. Gynecological conditions as refractory chorea gravidarum 6. Organic nervous conditions as psychosis 7. Misc. conditions as diabetes 8. Hereditary conditions as insanity REASONS WHY IT IS DIFFICULT TO PRROSECUTE PHYSICIANS COMMITING THE CRIME OF ABORTION: 1. The crime is performed clandestinely by an intelligent being who is fully aware of his criminal act. 2. The physician has several medical reasons to justify his act. 3. In most cases, the products of conception removed which may be utilized as corpus delicti in the crime is lost. 4. The pregnant woman herself, is in pari delicto to the crime of the criminal abortion. 5. Medical society seems to have a lukewarm attitude in helping the state prosecute the abortionist PATERNITY AND FILIATION Paternity- is the civil status of the father with respect to the child begotten by him. Filiation- is the civil status of the child in relation to its father or mother. LEGAL IMPORTANCE IOF DETERMINING PATERNITY & FILIATION: 1. For succession 2. For enforcement of the Naturalization and Immigration Laws KINDS OF CHILDREN A. LEGITIMATE CHILDREN- one who is born in lawful wedlock, or within a competent time afterwards 1. Legitimate (proper) - those who were born in lawful wedlock or within 300 days after dissolution of marriage. 2. Legitimated Legitimation- 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 legitimate by subsequent valid marriage of the parents. Children can be legitimated: a. Natural children- are those born outside lawful wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other. 3. Adopted Adoption- the act or proceeding by which relations of paternity and filiation are recognized as legally existing between persons not so related by nature. PERSONS WHO MAY BE ADOPTED: 1. The natural child, by the father or mother 2. Other illegitimate children, by the father or mother 3. A step-child, by the step-father or step-mother 4. Any person, even if of age, provided the adopter is 16 years older. PERSONS WHO CANNOT BE ADOPTED: 1. A married person, without the written consent of the other spouse; 2. An alien with whose govt the Rep. of the Phil. has broken diplomatic relations; 3. A person who has already been adopted. PERSON WHO MAY ADOPT: 1. Every person of age, who is in full possession of civil rights
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PERSONS WHO CANNOT ADOPT: 1. Those who have legitimate, legitimated, acknowledged natural children or natural children by legal fiction; 2. The guardian, with respect to the ward, before the final approval of his accounts; 3. A married person, without the consent of the other spouse; 4. Non-resident aliens; 5. Resident aliens with whose govt the Rep. of the Phil. has broken diplomatic relations; 6. Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was six months imprisonment or more. B. ILLEGITIMATE CHILDREN 1. Natural Children a. Natural children (proper) b. Natural children by presumption- natural children acknowledged by the father or the mother separately if the acknowledging parent was legally competent to contract marriage at the time of conception c. Natural children by legal fiction- born of void marriages or those born of voidable marriages after the decree of annulment 2. Spurious Children- illegitimate children who are not natural a. Adulterous- conceived in an act of adultery or concubinage b. Incestuous- born by parents are legally incapable of contracting valid marriage because of their blood relationship c. Manceres- conceived by prostitutes d. Sacrilegious -born of parents who have been ordained in sacris CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY 1. To indemnify the offended woman 2. To acknowledge the offspring, unless the law should prevent him from doing so 3. In every case to support the offspring LEGITIMATE CHILD- one who is born in lawful wedlock, or within a competent time afterwards 1. Legitimate (proper) 2. Legitimated 3. Adopted MEDICO-LEGAL ASPECT OF DISTURBANCE OF MENTALITY I. Insanity- is the prolonged departure of the individual from his natural mental state arising from bodily disease. LEGAL IMPORTANCE OF THE DETERMINATION: 1. In the Civil Code a. Insanity is a restriction on the capacity of a natural person to act. b. Insanity modifies or limits the capacity of a natural person to act. c. Insanity at the time of marriage of any or both parties is a ground for annulment of marriage. d. A testator must be of sound mind at the time of execution of a will. e. Insanity is a ground for disallowance of a will. f. An insane cannot give consent to a contract. 2. In the RPC a. Insanity exempts a person from criminal liability b. A person who becomes insane after final sentenceexecution of said sentence shall be suspended only with regard the personal penalty 3. In the Rules of Court a. A guardian on the person of the insane must be appointed b. An insane cannot be a witness in court

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FACTORS HAVING POSITIVE CORRELATION WITH THE DEVELOPMENT OF MENTAL DISORDER: 1. Heredity 2. Incestuous marriage 3. Impaired vitality 4. Poor moral training and breeding 5. Psychic factors 6. Physical factors a. Non-toxic- exhaustion resulting from severe physical and mental strain b. Toxic- excessive formation or deficient elimination of waste product of metabolism; excessive use of drugs SOME MANIFESTATION OF MENTAL DISORDERS: 1. Disorder of Cognition a. Disorder of perception 1. Illusion- false interpretation of an external stimulus 2. Hallucination- erroneous perception without external object of stimulus b. Disorder of memory 1. Dementia- a form of insanity resulting from degeneration or disorder of the brain 2. Amnesia- loss of memory a. Anterograde amnesia- loss of memory of recent event b. Retrograde amnesia- loss of memory of past events c. Disorder of content of thought 1. Delusion- a false erroneous belief in something which is not a fact 2. Obsession- thought and impulse which continually occur in the persons mind despite all his attempts to keep them out d. Disorder of trend of thought 1. Mania- state of excitement accompanied by exaltation which is out of harmony with the surrounding circumstances of the patient 2. Melancholia- intense feeling of depression and misery which is unwarranted by his physical condition and external environment 2. Disorder of emotion a. Exaltation b. Depression c. Apathy d. Phobia 3. Disorder of volition or conation a. impulsion- sudden irresistible force compelling a person to the conscious performance of some action w/o motive. EARLIER TEST FOR INSANITY a. Wild Beast Rule a person is exempted from criminal liability if he is totally deprived of his understanding and memory and knows no more than an infant, a brute, or a wild beast of what he is doing. b. Delusion Rule- a person is not responsible for his act if he is suffering from delusion although he knows that his act is wrong LATER TEST FOR INSANITY a. McNaughtens RuleBEST; universally used. A defense on the ground of insanity can be established if it can be proven that at the time of committing the act: 1. The accused was laboring under such defect of reason or from a disease of the mind as not to know the nature and quality of the act he was doing 2. If he did know, he did not know that what he was doing was wrong b. Irresistible Impulse Rule- a person is considered insane when mental disease has rendered him incapable of restraining
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himself, although he understands what he is doing and knows it is wrong c. Durham Rule- the accused is not criminally responsible if his act was the product of mental disease or mental defect d. Currens Rule- In order to make the accused not responsible for his act it must be proven that at the time of committing the prohibited act the defendant, as a result of mental disease or defect, lacked substantial capacity to conform his conduct to the requirements of the law which he has allegedly violated. e. American Law Institute Rule II. Mental deficiency- is the below-normal intellectual functioning which originates from the arrest or incomplete devt of the mind during the devt period below the age of 18 which may be induced by various factors. CLASSIFICATION: 1. Idiot- usually congenital and due to defective development of the mental faculties 2. Imbecile- he cannot manage his own affairs 3. Feeble-minded- requires care, supervision and control for his protection and for the protection of others 4. Moral defective- there are strong vicious and criminal propensities, so that the person requires care, supervision and control for his protection and for the protection of others. - He is devoid of moral sense and often shows intellectual deficiency, though he may be mentally alert. III. Malingering - Is the feigning or simulation of a disease or injury characterized by ostentation, exaggeration and inconsistency TYPES OF MALENGERING 1. Feigned or Fictitious Malingering built up out of pure imagination and does not have the slight basis of fact 2. Factitiuos Malingering- form whereby something really exists as a fact but is converted to a more serious disability or injury, or to an exaggeration of the real complaint IV. Other conditions manifesting/ stimulating disturbance of mentality 1. Somnambulism- a person is performing some act while in a state of natural sleep 2. Semisomnolence or Somnolencia-when a person is half asleep or in a condition between sleep and waking 3. Hypnotism or Mesmerism- a person is made unconscious by the suggestive influence of the hypnotist 4. Delirium- is a state of confusion of the mind DRUG DEPENDENCE I. PROHIBITED DRUGS a. Opium and its active components and deratives, such as heroin and morphine b. Coca leaf and its derivatives, principally cocaine c. Hallucinogenic drugs d. Indian hemp and its derivatives e. All preparations made from any of the foregoing f. Other drugs, whether natural or synthetic, with the physiological effects of a narcotic drug II. REGULATED DRUGS a. Self-inducing sedatives b. Amphetamine c. Hypnotic drugs DRUG ADDICTION- state of periodic or chronic intoxication produced by the repeated consumption of a drug, whether synthetic or natural, and found to be detrimental to the individual and to the society Characteristics: 1. Overpowering desire or need to continue taking the drug or to obtain it by any means 2. A tendency to increase the dose 3. A psychological and physical dependence on the effects of the drug 4. A detrimental effect to the society and to the individual

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DRUG HABITUATION- is the desire to have continuous use of the drug but with the capacity to refrain physically from using it Characteristics: 1. The desire to use the drug is not compulsive but mere psychical 2. There is little or no tendency to increase the dose 3. The dependence is not physical but merely psychical 4. The detrimental effect, if any, is primarily on the individual PHARMACOLOGICAL CLASSIFICATION OF DANGEROUS DRUGS: 1. Hypnotics 2. Sedatives and Tranquilizers 3. Hallucinogens and Psychomimetics 4. Stimulants 5. Deliriants and Intoxicants HYPNOTIC DRUGS Opium- is obtained from milky exudate of the incised unripe seed capsules of the poppy plant, Papaver Somiaferum Those that are naturally existing in the poppy plant: a. Morphine b. Codeine c. Thebaine d. Papaverine e. Nescapine SEDATIVES Barbituric acid or malonyl carbamide- was the product of the synthesisof malonic acid and urea allegedly on St. Barbara Day. Common preparations and their slang equivalent: a. Short-acting b. Intermediate acting c. Long acting d. Combination HALLUCINOGENS OR PSYCHOMIMETIC DRUGS Marijuana- pleasurable feeling Mixed preparation of the flowering tops, leaves, seeds and the stem of the hemp plant, Cannabis sativa CLASSIFICATION OF MARIJUANA: 1. Vietnam green- from southeast asia and found to be twice as potent as those grown in US 2. Acapulco Gold- Southern Mexico 3. Panama red- grown in canal zone STIMULANTS Amphetamine- first synthesized in 1927 as a substitute for epinephrine which was isolated from the adrenal gland and from ephedrine obtained from the Chinese herb ephedra vulgaris Most common preparations: 1. Dextreamphetamine (Dexedrine) 2. Amphetamine (Benzedrine) 3. Methamphetamine (Methedrine: Desexyn) 4. Dextroamphetamine plus amphetamine (Dipetamine; Biphetamine) IDENTIFICATION OF SOME DANGEROUS DRUGS 1. Gross microscopic 2. Micro-crystalline test 3. Color Test a. Opium and its derivatives Marquis Test b. Barbiturates 1. Dillie Koppanyi test 2. Zwikkers test c. Marijuana - Duquenois-Levine test d. LSD - Van Urk test e. Cocaine
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- Cobalt Thiocynate test 4. Chromatography 5. Spectrometry ALCOHOLISM Ethyl Alcohol- is a colorless, transparent, volatile liquid with aromatic odor and with boiling point at 78 degrees Celcius

DRUNKARD- a person who habitually takes or uses any intoxicating alcohol liquor and while under the influence of such, or in consequence of the effect thereof, is either dangerous to himself and to others, or is a cause of harm or serious annoyance to his family or his affair, or ordinary proper conduct. HABITUAL DRUNKARD- one who excessively uses intoxicating drink. CLASSIFICATION OF COMMERCIALLY AVAILABLE BEVERAGES 1. Wine- red wine, white wine, dry wine, sweet wine 2. Distilled liquor- whiskey, gin, rum, vodka 3. Malt liquors- ale, beer, stout, porter ALCOHOLIC

CAUSES OF DRINKING ALCOHOLIC BEVERAGES: 1. Curiosity 2. It is being served as a symbol of friendship and sociability. 3. An escape from unpleasant realities. 4. Part of a religious ceremonies. 5. Stimulant to combat shyness, inferiorities and to suppress strong inhibition 6. It is a source of heat and energy. CONDITIONS SIMULATING ALCOHOLIC INTOXICATION: 1. Severe head injuries 2. Metabolic disorders 3. Neurological conditions associated with dysarthria, ataxia, tremor, drowsiness 4. Effect of the drugis unlikely to be confused with the effect of alcohol unless the drug has been taken for the first time and has produced an unexpected reaction, or unless it has been in an unusually large dose 5. Certain pre-existing psychological disorder 6. Prodromal of cerebral vascular emergencies 7. High fever 8. Exposure to carbon monoxide in sufficient concentration to give significant anoxemia FACTORS RESPONSIBLE FOR THE TOLERANCE & SUSCEPTIBILITY TO ALCOHOL 1. TOLERANCE TO ALCOHOL Tolerance of a person to alcohol may be a result of 2 different factors namely: a. Consumption tolerance- a person who has developed tolerance may have lesser percentage of blood alcohol as compared with another person who is not used to it when given the same quantity at the same time. b. Constitutional tolerance- if a person habitually drinks alcoholic beverages there develops a certain degree of adaptation by the body, thereby increasing the body threshold to it 2. SUSCEPTIBILITY TO ALCOHOL Factors that render a subject unduly susceptible to the effects of alcohol: a. Exposure to extreme cold; or fatigue b. Pre-existing post-concussional state c. Chronic cerebral vascular state d. Cerebral depression e. Neurological disorders f. Psychological disorders

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CAUSES OF DEATHS IN ALCOHOLICS: 1. Acute alcoholic intoxication a. Paralysis of the medullary center b. Cardiac myopathy c. Ingestion of alcohol and synergistic drugs 2. Hidden trauma 3. Unexpected aspiration of food 4. Poisoning by congener or contaminants in alcoholic beverages 5. Diseases associated with/ or as a complication of alcoholism LABORATORY EXAMINATION IN ALCOHOLISM For qualitative and quantitative determination of alcohol, blood urine and respired air may be used from a living subject. METHODS USED IN ALCOHOL DETECTION: 1. Chemical method 2. Enzymatic method 3. Gas chromatographic method 4. Infrared absorption method MEDICO-LEGAL ASPECT OF POISONING Poison- is anything other than physical agencies which is capable of destroying life, either by chemical action on the tissues of the living body, or by physiological action by absorption into the living system Intent in the administration is the essential element in law. CLASSIFICATION OF POISONS BASED ON THE MANNER OF ACTION AND EFFECT IN THE BODY: A. Corrosives 1. Strong acids a. Sulfuric acid b. Nitric acid c. HCl acid d. Carbolic acid e. Oxalic acid 2. Caustic alkalies a. Potassium hydroxide b. Sodium hydroxide c. Ammonia 3. Compounds a. Zinc chloride b. Antimony trichloride B. Irritants 1. Non-metals 2. Salts of metals 3. Vegetable irritants 4. Animal irritants 5. Food irritants C. Narcotics D. Depressants E. Poisons which are Exito-motor in action 1. Strychnine 2. Brucine 3. Thebaine F. Poisonous and irrespirable gases G. Contact poisons 1. Vegetable irritants 2. Animal irritants 3. Chemical irritants H. Vulnerants 1. Nails 2. Broken glasses 3. Dust FOOD POISONING - Is a state of ill-health resulting from food which has some abnormal or noxious content
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FOOD MAY CAUSE DISEASE IN THE FOLLOWING WAYS: 1. Lack or excess 2. Unbalance proportion of proper constituents 3. Absence of certain constituents 4. Idiosyncracy 5. Presence of abnormal constituents 6. Food inherently poisonous as fungi, horse raddish, water hemlock SYMPTOMS: a. Vomiting and diarrhea b. Abdominal pain c. Prostration d. Collapse with cold sweating e. Rigor with pain at the back and limbs f. Headaches and dizziness POST-MORTEM EXAMINATION 1. Congestion of mucous membrane of the stomach and intestine 2. Petechial hemorrhage of the visceral organs 3. Cloudy swelling of the kidneys 4. Congestion of the liver and spleen 5. Isolation of the specific organism BACTERIOLOGY - The members of the Salmonella group which may cause food poisoning are: 1. B. Enteritidis 2. B. Paratyphosus A 3. B. Paratyphosus B 4. B. Aertryke 5. B. Suipestifer 6. B. Psittacosis 7. B. Abortus equi Botulism- symptoms arises from the ingestion of a very potent exotoxin of anaerobic Clostridium botulinum.

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