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A case Study on sexual assault as a heinous crime

Abstract

Mammohan Sania, Salman Anikesh and Jandish Kumar

Sexual assault is a heinous crime. Man commits the act to fulfill his sexual urge, to show his masculinity, to get control of the victim, to take revenge and various other reasons, out of abnormal mind, out of ignorance of the law of the land or out of opportunity. The mental trauma suffered by the victim may linger till end of her life. Number of reported sexual assault on female is said to be only a tip of iceberg in comparison to actual incidents. However, accusation of sexual assault is often used as a tool of advantage by female for various reasons like for blackmailing the alleged offender, monetary gain, forcing to compromise on some disputes. It is said that sexual assault case is hard to prove and harder to disprove. Opinions on sexual intercourse by medico-legal examination are based on the physical findings on the private parts of the victim and detection of seminal fluid in and around the genitals. Negative findings cannot rule out sexual intercourse on many occasions. The present authors had reported a case where the medico-legal examination of the alleged victim clearly disproved the alleged incidence of gang rape.

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