MEDICA-LEGAL ASPECTS OF

SEX CRIMES
VIRGINITY AND DEFLORATION
A. VIRGINITY
A condition of a female who has not
experienced sexual intercourse and whose
genital organ have not been altered by carnal
connection.
The presumption of a womans virginity arises
whenever it is shown that she is single and
continuous until overthrown by proof to be
contrary(U.S v. Alvarez)
Virginity is NOT synonymous with chastity
KINDS OF VIRGINITY
1. MORAL VIRGINITY- The state of not
knowing the nature of sexual life and not
having experienced sexual relation
2. PHYSICAL VIRGINITY- condition
whereby the woman is conscious of the
nature of the sexual life but has not
experienced sexual intercourse
there are no conclusive medical findings to show
thata a woman is physically virgin. Reliance is given
to the absence of laceration of the hymen.
If the findings shows absence of laceration of the
hymen, distinction should be drawn between true
and false physical virginity.
a) True Physical Virginity- a condition wherein
the hymen is intact with the edges distinct
and regular and the opening small to barely
admit the tip of the smallest finger of the
examiner even if the thigh is separated
b) False Physical Virginity- A condition wherein
the hymen is unruptured but the orifice is
wide and elastic to admit two or more fingers
of the examiner with a lesser degree of
resistance
KINDS OF VIRGINITY
3. DEMI-VIRGINITY- refer to a condition or
woman who permits any forms of sexual
liberties as long as they abstain from
rupturing the hymen by sexual act(ex. Inter-
labia sexual intercourse)
4. VIRGO INTACTA- literally the term
refer to a truly virgin woman; that there are
no structural changes in her organ to infer
previous sexual intercourse and that she is a
virtous woman
Parts Of The Female Body To Be Considered In
The Determination of the Condition of
Virginity
1. BREAST- A fully developed breast may be
according to the shape as follows:
a) Hemispherical Breast
b) Conical Breast
c) Infantile or Flat Breast
d) Pendulous Breast
a) Hemispherical Pendulous Breast
b) Conical Pendulous Breast
Size is not a reliable evidence to determine virginity.
2. VAGINAL CANAL
as a general rule, the vaginal canal of a virgin is
thight and the rugosities are sharp and
prominent. Insertion of a finger or instrument
may show certain degree of resistance.
3. LABIA MAJORA AND LABIA MINORA
The labia majora is firm, elastic and plump and
its medical borders are usually in close contact
with each other so as to cover the labia minora
and clitoris. Entry of the male organ may cause
the labia to gape due to stretching of their
borders

The condition of the labia is not a reliable basis in
determining virginity because it is much more
related to the general physical condition of the
woman rather than the absence or the presence of
previous sexual intercourse.
4. FOURCHETTE
The fourchette present a V-shape appearance as
the two labia unite posteriorly. After severe
distention, the sharpness of the acute angle may
become rounded with the retraction of the edges.
5. HYMEN
Physician give much attention in the examination of
the hymen in the determination of virginity.
B. DEFLORATION
Is the laceration or rupture of the hymen as a
result of sexual intercourse.
All other lacerations of the hymens not caused
by sexual intercourse are not considered
defloration.
Parts Of The Female Genitalia Must Be
Examined To Determine Defloration
1. Condition of the Vulva normally the labia
majora and minora are in close contact to one another
covering almost completely the external genitalia
exposing the introitus vulvae.
2. Fourchette - the normal V-shape of the fourchette is
lost on account of the previous stretching during
insertion of the male organ
3. Vaginal Canal After repeated sexual acts, there is
diminution of the sharpness or obliteration of the
vaginal rugosities resulting to the laxity of its wall.
Predisposing causes of vulvo-vaginal injuries
during sexual act:
a. Virginity
b. Prepuberty
c. Genital disproportion
d. Unprepared or unaroused female
e. Position during the sexual act
f. Brutality of the male partner during the sexual act
g. Recent vaginal surgery
h. Excessive active involvement of the female partner
i. Multiple sexual act among sex deviates or multiple consorts
j. Renewed sexual activity after long abstinence
k. Post-menopause
l. Uterine retroversion
Parts Of The Female Genitalia Must Be
Examined To Determine Defloration
4. Hymen- hymen is lacerated during the initial sexual
contact. The fact that the hymen is intact does not
prove absence of previous sexual intercourse and the
presence of laceration does not prove defloration.
other causes of hymenal laceration may include:
a) passage of clotted blood during menstruation
b) local medication
c) jumping or running, masturbation
d) falling on sharp object
e) Medical instrumentation
f) Insertion of foreing bodies
g) Previous operation

In the medical examination of the hymen, the
following facts must be included:
a. General condition of the hymen includes width, thickness,
elasticity, vascularity and laxity; may include pathological
condition
b. Original shape of the Orifice(opening)
c. If lacerated, the following must be noted:
1) DEGREE OF LACERATION- extent of damage damage to the
hymen
a) Incomplete laceration
i. Superficial
ii. Deep
b) Complete laceration
c) Compound or Complicated laceration
2) LOCATION OF THE LACERATION

DEATH RELATED TO SEXUAL ACT
1. Death of the male partner
a. Death from natural cause
b. Death may be due to the defensive act of the
woman-victim
2. Death of the female partner
Woman almost never suffer death from natural
causes during the normal sexual act. It is usually
accidental and not on the account of natural
disease.


Death of the female partner is usually accidental
and not on the account of natural disease.
a. The sexual intercourse might be done in a relative confined
space like the back of the seat of a car.
b. In case of oral sex (fellatio)-may cause asphyxia
c. In case of cunnillingus (a perverted sexual act wherein the
male licks the female genital organ)- may cause air
embolism
d. Saddistic sexual act
e. Death of the female partner deliberately done by the male
to conceal the crime of rape he has committed
f. Shock as a result of extreme physical and mental trauma in
case of rape
g. Hemorrhage
h. infection
DEATH RELATED TO SEXUAL ACT
3. Death of both partners:
a. Performance of sexual act in an enclosed place
with carbon monoxide or other asphyxiant gas.
b. Homicide- suicide pact

SEX CRIME
CRIMINOLOGICAL CHARACTERISTICS:
1. One of the ancient and universal crime
2. There is a close physical contact between the
offender and the victim
3. As a general rule, it is a crime committed by one
sex against the opposite sex
4. Sex is an inborn instinct
5. Most of the sex crime do not belong to the
conventional crimes( except probably the crime
of rape or forcible abduction



6. Many are committed but not reported; if
repoerted, not investigated;if investigated, not
prosecuted.
7. It is a crime committed in strict privacy.
8. more frequent among the lower socio-economic
class, although those who belong to the middle
and upper class are not immune.
9. Pardon, forgiveness or marriage between the
offender and the victim will extinguish the
criminal liability of the offender.
10. There is a seasonala variation in the frequency
of commission.
11. The severity of the punishment does not deter its
commission.

12. Its occasional consequence(pregnancy) becomes
a legal problem.
13. If the offender is of past middle age, the victim is
usually children.
14. The psychic trauma suffered by the victims of
sex crimes varies with the moral standard of the
victim.