Importance of Medical Examination in Rape Cases

Rape is heinous sexual crime, still a significant issue in India. It refers to forced oral, anal or vaginal penetration which is done against the will or consent of the victim. The investigation of such sexual assault cases is aided by the medical examination of rape victims. Caution shall be adopted for performing a forensic examination of rape victims.

Constituents:

Section 375 IPC says, “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation, or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case, if she is under 18 years of age”

1. Against the will of the victim
2. Consent obtained by threatening to create harm or death to her
3. Consent is given by the victim thinking the man is her husband, but the man knows he is not
4. Victim consents due to insanity or intoxication
5. When the victim is under the age of 18, with or without consent
6. The victim is unable to give consent

Medical Examination:

Medical examination is the critical need in cases of sexual assault. A thorough medical examination includes a search of wounds, strangulation marks or other signs of coercion and threat. Pregnancy tests and other serological tests are important because rape victims may start showing these symptoms.

Procedure:

The procedure is laid down in section 53 of CrPC. When a person is accused of rape and it deems fit that medical can provide evidence for commission of offence, it is legal for medical practitioner of a govt hospital or local authority to conduct the medical test. Medical practitioner shall prepare the report which shall include:

1. The accused’s name & age and person accompanying him
2. Any injury marks on the person with description of material taken from the person for profiling DNA

In Rajesh & Anr V. State of Haryana, the Supreme Court gave the landmark judgement and mentioned that the two-finger test is unscientific and infringes on women’s right to privacy, physical and mental integrity and dignity.

The report of the victim shall be formulated and signed by a medical practitioner. The copy of the report shall be provided to the victim as it is the right of the victim to have information regarding medical examination. All the primary evidence such as clothes, swabs from vaginal or anal openings etc. must be safely placed in an envelope and handed over to investigation officer who shall hand over the same to magistrate. 

On the contrary, there is no need to have a police requisition or order from the court to do a medical examination. All hospitals irrespective of being private or government are mandated to carry out medical examinations of victims of sexual assault. As per MOHFW guidelines, efforts should be made to have a lady medical officer. However, if the lady is not available the same can be conducted by male doctors. 

Importance:

Medical examinations of rape victims hold significant value as it facilitates criminal trial by providing crucial evidence in relation to the crime. It is important in determining the offender of the crime and is considered as a critical evidentiary value in the case. 

Lead India has a team of expert lawyers who can guide you through the correct procedures, timings and the importance of the same.