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Research Article | Volume 10 Issue 2 (July-December, 2024) | Pages 654 - 661
Profile of Alleged Victims of Sexual Assault Cases in Dept. of Forensic Medicine & Toxicology In Rajshree Medical Research Insititute, Bareilly U.P.
 ,
1
Assistant Professor, Department of Forensic Medicine & Toxicology, Rajshree Medical Research Insititute, Bareilly U.P.
2
Professor & HOD, Department of Forensic Medicine & Toxicology, Rajshree Medical Research Insititute, Bareilly U.P.
Under a Creative Commons license
Open Access
Received
June 11, 2024
Revised
June 25, 2024
Accepted
July 16, 2026
Published
Aug. 26, 2024
Abstract
Background: Sexual assault against women remains a serious and persistent social evil, reflecting deep-rooted gender-based violence in society. Rape is not merely an act of sexual gratification but a violent act where sex is used as a primary weapon to exert power and control. This study aims to analyze the profile of alleged victims of sexual assault cases reported to the Department of Forensic Medicine and Toxicology at a RMRI, BAREILLY (U.P.) A descriptive, observational, and retrospective study was conducted on 100 cases of alleged victims who presented for medico-legal examination. The cases included offences such as rape, attempted rape, abduction, kidnapping, human trafficking, and sexual offences against children. Data were collected from medico-legal records and analyzed to understand demographic characteristics, nature of assault, and circumstances surrounding the incidents. The study highlights a recent increase in the reporting of sexual assault cases, which may be attributed to greater awareness, improved legal provisions, and expansion in the definition of rape under the Criminal Law (Amendment) Act, 2013. It was observed that some cases involved consensual physical relationships later alleged as sexual assault due to false promises of marriage or breach of trust. The findings emphasize the need for better legal awareness, social support systems, and preventive strategies to address sexual violence. Strengthening medico-legal services and ensuring sensitive handling of victims are crucial for justice and rehabilitation.
Keywords
INTRODUCTION
Sex-related crimes are among the most barbaric and humiliating offences in any society, causing severe and often irreparable damage to the physical as well as mental health of victims. Among these, sexual assault stands out as a grave violation of human rights and dignity. Women and children remain the most vulnerable groups, particularly in the present era of globalization, where rapid social changes have not always been accompanied by adequate safeguards. In developing countries like India, sexual offences have increasingly become a matter of serious concern and, in many instances, a daily menace. Recent Facts & Data on Sexual Violence in India (2021–2023) • According to the National Crime Records Bureau (NCRB), 31,677 rape cases were registered in India in 2021, which means an average of 86 rape cases per day. • In 2022, India continued to report over 30,000 rape cases, showing that sexual violence remains consistently high despite stricter laws and reforms. • A major concern is that about 89% of rape cases involve perpetrators known to the victim, such as relatives, friends, or acquaintances. • The total number of crimes against women increased from 4,28,278 cases in 2021 to 4,45,256 cases in 2022, reflecting a continuous rise in violence. • In 2022, this translates to approximately 51 complaints of crimes against women every hour in India. • The NCRB report also shows that rape constituted about 7.1% of total crimes against women, along with other offences like kidnapping, trafficking, and assault. • Data for 2023 indicates a further rise, with over 4.48 lakh cases of crimes against women reported, showing that the problem is persistent and ongoing. According to the World Health Organization, sexual violence is defined as any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts of trafficking directed against a person’s sexuality using coercion, threats, or force, regardless of the relationship between the perpetrator and the victim. Such acts can occur in any setting, including homes, workplaces, and public spaces, highlighting the widespread nature of the problem. In the context of medico-legal practice, medical professionals play a crucial role in the administration of justice. Although they do not have the authority to interpret the law, they have a moral and legal duty to assist investigative agencies and the judiciary by providing accurate medical evidence and scientific interpretation of findings. Proper and timely medical examination is essential to prevent the loss of crucial trace evidence, which can significantly influence the outcome of a case. Poor or inadequate medical documentation often contributes to low conviction rates in sexual offence cases, as courts rely heavily on corroborative medical evidence to support the testimony of the victim. Judicial systems generally require substantial corroboration before proceeding with serious charges such as rape, and medical findings form a vital component of such corroboration. Therefore, the role of forensic medical examination becomes indispensable in ensuring justice. The present study aims to analyze the incidence and patterns of sexual offences by examining the demographic profile of victims, along with findings from physical and genital examinations in cases reported for medico-legal assessment. This analysis seeks to contribute to a better understanding of sexual assault cases and to strengthen the role of forensic evidence in legal proceedings.
MATERIALS AND METHODS
This study was designed as a descriptive, observational, and retrospective study conducted in the Department of Forensic Medicine and Toxicology at the concerned medical college. The study population included all alleged victims of sexual assault who were brought for medico-legal examination to the department. The geographical area covered primarily included cases within the jurisdiction of the department, along with referred cases from different districts of Bareilly, Uttar Pradesh. The study period extended from January 2022 to December 2023. All cases reported during this duration were included in the study to ensure comprehensive analysis. Data related to each case were collected from multiple sources, including: • Medico-legal records maintained in the department • Police requisition forms and records • Detailed history obtained from the victims and, where applicable, their relatives A standard medico-legal examination protocol was followed in all cases. This included thorough general physical examination, local genital examination, and documentation of injuries and relevant findings. Necessary samples for forensic analysis were collected as per established guidelines. All relevant information was systematically recorded in a pre-designed proforma prepared specifically for the study. The collected data included demographic details, nature of the offence, circumstances of the incident, and clinical findings. OBSERVATIONS: A total of 100 cases of alleged sexual assault victims were examined during the study period. All the victims in the present study were females. Demographic Profile • The majority of the victims belonged to the Hindu community (65%), while the remaining were Muslims (35%) (Table 1). • With respect to age distribution, most of the victims were above 18 years of age (31%), whereas 10% of the victims were below 12 years, indicating involvement of both adult and pediatric age groups. Profile of Accused • In the majority of cases, the accused were known to the victim. • Boyfriends constituted the largest group of accused (55%), followed by neighbours (14%) and strangers (9%). • In 13% of cases, no specific accused was alleged (Figure 1). Legal Aspects of Cases • Most cases were registered under Section 376 of the Indian Penal Code (47%), often in combination with other relevant sections (Table 2). • 28 cases were reported directly by the victims themselves. • A significant number of cases (29 cases) were registered under Sections 366/366A IPC (abduction and procurement of minor girls), primarily reported by the parents of the victims. • Observations (Clinical Findings and Examination Details) • Out of the total 100 reported cases, only 53 victims gave consent for medico-legal examination. Among these, 38 victims belonged to the Hindu community (Table 1). In one instance involving a 10-year-old alleged victim, consent for examination was denied by the mother, highlighting challenges in pediatric medico-legal cases. Time Interval Between Incident and Examination • 22 cases were brought for examination within 96 hours of the alleged incident. • A total of 36 cases were examined within 7 days. • Some cases were reported after a delay of up to 6 months, particularly in situations involving breach of trust, such as cases related to false promise of marriage. Injury Findings • Among the 53 examined victims, no recent corroborative injuries were found in 6 cases (Table 4), most of whom were below 12 years of age. • Old hymenal injuries were observed in 43 cases, predominantly in victims above 18 years of age. However, such findings are not uncommon and must be interpreted cautiously in medico-legal context. • Only 4 cases showed recent corroborative injuries, of which: • 3 were genital injuries, and • 1 was an extra-genital injury (Table 5).
RESULTS
Table 1: Relation between Age, religion and consent for ML examination of alleged victims Age of Victims Consent given (by self or guardian, where applicable) Consent not given (by self or guardian, where applicable) Hindu Muslim Others Hindu Muslim Others Less than 12 yrs 6 0 0 2 2 0 12 yrs- 13 yrs 1 0 0 1 3 0 14 yrs – 15 yrs 9 5 0 9 4 0 16 yrs-17 yrs 4 1 0 18 4 0 18 yrs & above 18 9 0 1 3 0 Table 2: Relation between Age of alleged victims with respective IPCs Case booked Under IPCs\ Age of victims IPC 376 or allied with/ without other IPCs IPC 366/366 A with/ without other IPCs (except 376) IPC 363 with / without other IPCs (except 376, 366/366 A) Other IPCs (except previous ones) < 12 yrs 5 0 1 4 12 yrs- 13 yrs 2 3 0 0 14 yrs- 15 yrs 7 14 6 0 16 yrs- 17 yrs 4 15 7 1 18 yrs & above 28 2 1 0 Table 3 : Relation between IPCs and relation of alleging person with alleged victims Case booked Under IPCs\ Case registered by IPC 376 or allied with/ without other IPCs IPC 366/366 A with/ without other IPCs (except 376) IPC 363 with / without other IPCs (except 376, 366/366 A) Other IPCs (except previous ones) Self 27 2 0 1 Parents 17 30 15 3 Others 2 2 0 1 Table 4: Relation between Age of alleged victims and Injuries present Injuries found\ Age of victims No Injuries Genital Injuries Extra-genital Injuries Old Recent Less than 12 yrs 5 0 1 0 12- 13 yrs 0 1 0 0 14-15 yrs 1 12 1 0 16-17 yrs 0 5 0 0 18 yrs and above 0 25 1 1 Table 5 : Details of case with fresh Injuries with corroborating history SI no Age of victim Registered under IPCs Accused Case registered by Delay between incident and ML examination Findings 1 4.5 354, POCSO 4 Neighbour Mother 1 Fresh nail scratch abrasions over vaginal wall 2 14 376, POCSO 4 Step father Mother 2 Recent evidence of Hymen tear: redness, mild inflammation with tenderness 3 19 328,365,376D Strangers Self 1 Recent hymen tear: Red, inflamed, tender.2 abrations found near anal orifice 4 28 376, 417 Boy friend Self 1 Old healed hymen tear with recent abrations and bruises over chest,shoulders and neck region. Table 6: Realtion between IPCs applied with Injuries found during ML examination Case booked Under IPCs\Types of Injuries IPC 376 or allied with/without other IPCs IPC 366/366A with/without other IPCs (except 376) IPC 363 with/without other IPCs (expect 376,366/366A) Other IPCs (except previous ones) No Injuries 3 1 0 2 Genital Injuries Old 31 11 1 0 Recent 2 0 0 1 Extra-genital Injuries 1 0 0 0
DISCUSSION
Sexual assault is widely regarded as one of the most underreported crimes in society. It is estimated that only 10–15% of victims formally report such offences, largely due to fear of social stigma, psychological trauma, and legal harassment. Despite underreporting, sexual offences constituted approximately 4.4% of total crimes in India in 2022, reflecting their significant prevalence. Sexual assault not only causes physical harm but also leads to long-term psychological and social consequences for the victims. In the present study, the majority of alleged victims belonged to the Hindu community, which may be attributed to the demographic composition of the study area. Similar findings were reported by other studies, where Hindu victims constituted 67% and 73% respectively, indicating consistency with regional population distribution. The age distribution in this study showed that the most affected group was above 18 years (31%), followed closely by adolescents aged 14–17 years (27%). This aligns with previous research, where young females were found to be more vulnerable. For instance, studies by other authors have reported the highest incidence in the 21–30 years age group (40%), while some observed maximum vulnerability in the 11–20 years age group (69%), and others noted the 16–20 years group (30.5%) as most affected. These variations suggest that adolescents and young adults are particularly at risk of sexual offences. With regard to legal aspects, the present study found that Section 376 IPC (rape) was the most commonly applied provision (46%), followed by Sections 366/366A IPC. This finding differs from some previous studies where Section 366/366A was more frequently reported. On further analysis, it was observed that most cases registered under Section 376 were reported directly by the victims themselves (27 out of 46 cases), whereas cases under Sections 366/366A were primarily reported by parents. A detailed evaluation of case histories revealed that many complaints under Sections 366/366A, and even some under Section 376, were associated with situations where the victim had eloped with her boyfriend. In several cases, allegations of rape were made following breach of trust, particularly after prolonged consensual relationships involving promises of marriage. This explains the frequent finding of old hymenal tears without signs of recent violence, suggesting prior consensual sexual activity. Elopement cases contributed significantly to the total number of reported sexual assault cases. In some instances, young individuals left home voluntarily due to personal or familial conflicts and later became involved in medico-legal cases when reported missing by their parents. Eventually, these cases were categorized as sexual assault upon recovery of the victim. Contrary to common social perceptions, the study found that in the majority of cases, the accused was known to the victim. Boyfriends accounted for the largest proportion (58%), followed by neighbours (12%), while only 8% of cases involved unknown persons (Figure 1). These findings are consistent with other studies, emphasizing that sexual violence is often perpetrated by individuals within the victim’s social circle rather than strangers. Medico-legal examination of sexual assault victims is governed by the principle of informed consent. No victim can be examined without her consent. In cases involving minors (below 12 years) or mentally incapacitated individuals, consent must be obtained from a parent or legal guardian. This requirement, although ethically and legally essential, sometimes poses challenges in the administration of justice. In the present study, only 53% of victims consented to medical examination, while a significant 47% declined examination (Table 1). This finding contrasts with other studies, where the majority of victims consented for examination. The high refusal rate observed in this study may be attributed to social stigma, fear, emotional distress, and in some cases, attempts to protect the accused—particularly in situations involving consensual relationships or elopement. A notable limitation was observed in a case involving a 10-year-old victim who was willing to undergo examination; however, her mother refused consent, preventing further medico-legal evaluation. This highlights how guardianship decisions, social pressures, or personal interests may sometimes hinder the course of justice and limit evidence collection. The timing of medical examination plays a crucial role in detecting injuries and collecting forensic evidence. It is well established that fresh hymenal tears may show bleeding, inflammation, and tenderness, typically healing within 7–10 days. In the present study: • Only a small proportion of cases were examined within the first 7 days, • About 25% of cases were examined within the early post-incident period, • While some victims presented after several months, especially in cases involving breach of trust or false promise of marriage. These findings are comparable to previous studies, where approximately 23% of cases were examined within 3 days, indicating delays in reporting and examination. Regarding injury patterns, the present study found: • Old healed genital injuries in 43 cases, • No detectable injuries in 6 cases, and • Only 4 cases with recent corroborative injuries (Tables 4 and 5). These findings differ from some earlier studies that reported a higher proportion of recent genital injuries. However, the present results are consistent with other studies showing a predominance of old or absent injuries, particularly in cases involving delayed reporting or consensual sexual activity. It is important to note that absence of injuries does not rule out sexual assault, especially in cases of delayed examination, repeated intercourse, or where minimal force was used. Additionally, in adolescents and young adults, consensual sexual activity may result in old hymenal tears without signs of recent trauma, which must be interpreted carefully in the medico-legal context. The few cases with recent injuries showed strong correlation with the history provided. These included: • Cases examined within 3 days of the incident, • Presence of fresh genital injuries such as hymenal tears and abrasions, and • Occasional extra-genital injuries, supporting allegations of forceful assault. In one case involving a young child, fresh abrasions in the genital region were consistent with alleged inappropriate contact, while another case showed combined genital and extra-genital injuries, supporting the history of assault involving force. In contrast, cases involving long-term relationships and alleged breach of promise typically showed old healed injuries with no signs of recent violence, suggesting prior consensual activity followed by legal dispute. Overall, these findings highlight the complex interplay between consent, timing of examination, and injury patterns in sexual assault cases. They emphasize the need for careful interpretation of medical evidence in conjunction with history and legal context, ensuring that neither genuine victims are denied justice nor consensual acts are misinterpreted.
CONCLUSION
Sexual assault represents the darker side of society and continues to occur with alarming frequency. The present study highlights that a considerable number of cases involve victims who had prior relationships with the accused, often described as love affairs. In many such instances, allegations arise following breach of trust or failure to fulfill promises of marriage, and medical examination is frequently avoided. Additionally, a significant number of complaints are filed by parents, particularly in cases involving elopement. Such situations sometimes lead to false or exaggerated allegations, which not only cause harassment and unjust criminal prosecution of the accused but also place a substantial burden on the legal and judicial system. In certain cases, complaints may be motivated by personal, social, or familial pressures, where even minors become indirect instruments in legal disputes. These findings underline the need for careful scrutiny of cases to distinguish between genuine offences and those arising from consensual relationships or ulterior motives. At the same time, it is important to emphasize that not all cases are false. A large number of genuine sexual assault cases remain underreported, primarily due to stigma, fear, and lack of awareness. Even when reported, delay in medical examination often results in loss of crucial forensic evidence, which significantly contributes to the low conviction rate in true sexual assault cases. The study also highlights the social dimension, where adolescents sometimes leave home due to emotional distress or familial conflicts, leading to cases being registered as missing or kidnapping. Upon recovery, these cases are subjected to medico-legal examination, further complicating the interpretation of consent and assault. In light of these findings, there is a pressing need for: • Stricter legal provisions to address false allegations and prevent misuse of laws, • Improved awareness and education, particularly through sex education at the school level, • Public awareness programs to encourage early reporting of sexual offences, and • Timely medico-legal examination to preserve vital evidence. A balanced and sensitive approach is essential to ensure justice—protecting genuine victims while preventing misuse of legal provisions against innocent individuals. CONFLICT OF INTEREST: NONE FINANCIAL ASSISTANCE : NONE
REFERENCES
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