MEDICO-LEGAL ASPECTS OF SEX CRIMES

VIRGINITY AND DEFLORATION

A. VIRGINITY

Virginity is a condition of a female who has not experienced

sexual intercourse and whose genital organs have not been altered
by carnal connection.

A woman is a “virtuous female” if her body is pure and if she

has never had any sexual intercourse with another, though her
mind and heart is impure.

The presumption of a woman’s virginity arises whenever it is

shown that she is single and continuous until overthrown by proof
to be contrary. A woman is presumed to be a virgin when
unmarried and of good reputation.

A defendant has the previous sexual intercourse with the

victim before he was charged with consented abduction for acts
committed thereafter. The woman was considered “virgin” within
the meaning of the law. However, in another case, it was
established that the defendant’s character, before the alleged
seduction, was opened to question. The woman was considered no
longer a virgin.

Kinds of Virginity:
1. Moral Virginity – The state of not knowing the nature of sexual
life and not having experienced sexual relation. Moral virginity
applies to children below the age of puberty and whose sex organs
and secondary sex characters are not yet developed.

2. Physical Virginity – A condition whereby a woman is conscious

of the nature of the sexual life but has not experienced sexual
intercourse. The term applies to women who have reached sexual
maturity but have not experienced sexual intercourse.

There are no conclusive medical findings to show that a

woman is physically virgin. Reliance is given to the absence of
laceration of the hymen, but a woman might have had previous
sexual intercourse and yet the hymen was unruptured while others
might not have the experience of sexual relations but have
laceration of the hymen.

If the findings show 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 thighs are 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. The hymen may be laxed and distensible and may
have previous sexual relation. In this particular instance the
 physician may not be able to make a convincing conclusion
that the subject is virgin.

3. Demi-Virginity – This term refers to a condition of a woman who

permits any form of sexual liberties as long as they abstain from
rupturing the hymen by sexual act. The woman may be embraced,
kissed, may allow her breasts to be fondled, her private organ to be held
and other lascivious acts. The woman allows sexual intercourse but only
“inter-femora” or even “inter-labia” but not to the extent of rupturing
the hymen.

4. “Virgo Intacta” – Literally the term refers to a truly virgin woman; that
there are no structural changes in her organ to infer previous sexual
intercourse and that she is a virtuous woman. Inasmuch as there are no
conclusive evidences to prove the existence of such condition, liberal
authorities extend the connotation of the term to include women who
have had previous sexual act or even habitually but had not given birth.

Parts of the female body to be considered in the determination of the

condition of virginity:

1. Breasts – The breasts (mammary glands) are functionally related to

the reproductive system since they secrete milk for nourishment of the
young child. At their inner structures are 15 to 20 lobes of glandular
tissues supported by connective tissue framework with variable amount
of adipose tissue.

On the ventral surface of each breast is a cylindrical projection

called nipple and at its rounded tip are perforations which are the
openings of the ducts draining the milk glands. The nipple is surrounded
by a pigmented area called areola which becomes dark brown during
pregnancy.

The size, consistency and shape of the female adult breast varies
with age, degree of physical development, stage in the menstrual cycle,
pregnancy, nutrition and hormonal factors.

A fully developed breast may be classified according to shape as

follows:

a. Hemispherical Breast - The breast is like a hemisphere. The contour

lines are not straight but form part of a circle or half of a sphere.

b. Conical Breast – The breast has the shape similar to a cone. The
outline consists of two converging lines which meet at the region of the
nipple.

c. Infantile or Flat Breast – The breast is only slightly elevated from the
chest without distinct boundary and showing no definite shape.

d. Pendulous Breast – The skin of the breast is loose making it capable

of swinging in any direction. This is commonly observed among
parturient breast-feeding mothers. A pendulous breast may be:

1. Hemispherical pendulous breast – It has the shape of a

hemisphere but with loose skin.

2. Conical pendulous breast – It has the shape of a cone and is

capable of swinging sidewise.

The condition of the breast is not a reliable evidence to determine

virginity. The size, shape and consistency of the breast may be hormonal
or hereditary. The advent of artificial feeding makes it possible for
parturient women to preserve the condition of the breast.

2. Vaginal Canal:

As a general rule, the vaginal canal of a virgin is tight and the

rugosities are sharp and prominent. Insertion of a finger or instrument
may show certain degree of resistance. The wall of the vagina is
composed of smooth muscle and fibroelastic connective tissue so that
its tightness and degree of resistance on insertion of a finger or an
instrument depends on the integrity of its wall, as well as on the potency
of its lubricating secretion. The sharpness of the wall’s rugosities may be
diminished by insertion of foreign bodies, passage of clotted blood, self-
manipulation, etc. and not by sexual intercourse. The canal may be
inherently lax and rugosities not prominent since birth.

3. Labia Majora and Labia Minora

The labia majora is firm, elastic and plump and its medial borders
are usually in close contact with each other so as to cover the labia
minora and the clitoris. The labia minora is soft, pinkish in close contact
with one another, and its vestibule is narrow. Entry of the male organ
may cause the labia to gape due to stretching of their borders.

The condition of both labia is not a reliable basis in determining

virginity. A woman may be a virgin but with a gaping labia, while others
might have had previous delivery but the labia are still coaptated. The
condition of the labia is much more related to the general physical
condition of the woman rather than the absence or the presence of
previous sexual intercourse. A stout woman usually can preserve the
plump, coaptated and firm labia while skinny women usually have gaping
labia.

4. Fourchette:

The fourchette present a V-shape appearance as the two labia

minora unite posteriorly. After severe distention, the sharpness of the
acute angle may become rounded with retraction of the edges.

The rounding of fourchette and the retraction of the edges can be

a consequence of so many causes. Stretching apart of the thighs,
instrumentation, horse or bicycle riding may produce the condition other
than sexual intercourse.

5. Hymen:

Physicians give much attention in the examination of the hymen in

the determination of virginity.

Classification of Hymen:

a. As to shape and size of the opening:

1. Annular or circular – The opening is oval or circular located at

the center of the hymen. There may be indentation of the borders.

2. Infantile – The opening is small, usually linear, fleshy and

resistant.

3. Semilunar or crescentric – The concavity may be facing either

side or upwards or downwards. The tapering ends of the crescent
may be the frequent sites of laceration.

4. Linear – The opening is slit-like and usually running vertically.

 5. Crib form – The hymen presents several openings instead of a
single one. In several instances the opening are quite small and will
require the use of a hand lens to make them visible.

6. Stellate – hymenal opening is like a star.

7. Septate – There are two openings which may be of equal or

different size separated by a bridge of hymenal tissue. After a
sexual act there may be complete rupture of the bridging tissue or
marked distention of one to make the other opening almost
invisible.

8. Fimbriated – the border of the opening shows small irregular

protrusion towards the opening. In some instances the fimbriation
may be big enough that the examiner may mistake it to be
superficial laceration.

9. Imperforate – There is no opening on the hymen. When a

woman starts o menstruate, surgery may be necessary to open the
hymen to allow free passage of menstrual blood.

b. As to structure and consistency:

1. Firm and with strong connective tissue and plenty of blood

vessels – This type has more tendency to lacerate during the first
sexual act and the laceration my produce relatively more
hemorrhage.

2. Thick yielding hymen with scarce blood vessels – The hymen is

distensible, easily penetrated and when lacerated will cause less
bleeding.
 3. Membranous hymen – Hymen is parchment-like, may be
transparent and may lacerate without pain or appreciable
bleeding.

c. As to number of opening:

1. Single orifice – Having one opening.

2. Septate – Having two openings.

3. Multiple – Having several openings.

4. Imperforate – Without orifice.

Virginity is Not Synonymous with Chastity:

A woman may resort to many forms of homosexual as well as

heterosexual practices without losing her virginity, yet she may be
unchaste.

A woman may have a ruptured hymen and other signs of loss of

physical virginity, yet she is chaste.

She may resort to masturbation with rupture of the hymen and

dilation of the vaginal canal causing it to appear that she has had several
sexual intercourses, yet she may still be a virgin.

B. DEFLORATION

Defloration is the laceration or rupture of the hymen as a result of

sexual intercourse. All other lacerations of the hymen which are not
caused by sexual act are not considered as defloration.
Parts of the female genitalia that must be examined to determine
defloration:

1. Condition of the Vulva:

Normally the labia majora and minora are in close contact with one
another covering almost completely the external genitalia. After
defloration, the labia may gape exposing the introitus vulvae.

The finding may not be relied upon because some females may
have inherently gaping labia, especially, asthenic women although there
is no history of previous of previous sexual act, while others may
preserve the coaptated labia even if there has been previous sexual act.

2. Fourchette:

The normal V-shape of the fourchette is lost on account of the

previous stretching during insertion of the male organ. Withdrawal of
the stretching force will cause retraction of its walls with rounding of the
base.

Retraction of the fourchette is not a good sign of defloration

inasmuch as it can be due to other causes. Ballet dancing, separation of
the thighs, tree climbing, cycling, horse riding, insertion of foreign body,
etc. may cause retraction of the fourchette without previous sexual act.

The fourchette, together with the perineum and lower portion of

the posterior vaginal wall, may be lacerated by sexual act or some other
causes.

3. Vaginal canal:
 After repeated sexual acts, there is diminution of the sharpness or
obliteration of the vaginal rugosities. There will be laxity of its wall so
that insertion of a medium size tube during the medical examination can
be done with slight resistance.

The changes in the vaginal rugosities or the laxity of its wall cannot
be relied upon as a proof of defloration because instrumentation during
medical examination, masturbation or insertion of foreign bodies or
other similar or related acts will cause the development of such
condition.

The vaginal wall, together with the vulva, may suffer injury during
defloration or some other causes.

Predisposing causes of vulvo-vaginal injuries during sexual act:

a. Virginity – Sex organ does not have previous experience to stretching

or coital act.

b. Prepuberty – The genital organ is not yet fully developed to subject it

to full physiological function.

c. Genital disproportion – The male organ is unusually big or female

organ infantile in size in spite of adult age.

d. Unprepared or unaroused female – The vaginal secretion is absent,

causing more friction.

e. Position during the sexual act – Dorsal decubitus position with the
thighs hyperflexed predisposes to deep penetration by the male organ
and is contributory to vaginal vault lacerations. Vaginal position may not
be in harmony with the movement of the penis.
f. Brutality of the male partner during the sexual act.

g. Recent vaginal surgery – The canal may become narrow and fibrous
scar may replace the muscular vaginal wall at the site of surgery.

h. Excessive active involvement of the female partner.

i. Multiple sexual act among sex deviates (Nymphomaniac or styriatic)

or multiple consort – Continous stretching and friction may weaken its
wall.

j. Renewed sexual activity after prolonged abstinence.

k. Post-menopause.

l. Uterine retroversion.

4. Hymen:

The hymen is lacerated during the initial sexual act. However, it is

not always the case. Some hymen are thick, elastic and fleshy such that
they can resist certain degree of distention without causing laceration.
Some women may inherently have lacerated hymen probably on account
of previous trauma during the early age. 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:

a. Passage of clotted blood during menstruation.

b. Ulceration due to disease, like diphtheria.

c. Jumping or running.

d. Falling on hard and sharp object.

e. Medical instrumentation.

f. Local medication.

g. Self-scratching due to irritation.

h. Masturbation.

i. Insertion of foreign bodies.

j. Previous operation.

In the medical examination of the hymen, the following facts must be

included:

a. General condition of the hymen:

This includes the width, thickness, elasticity, vascularity, and laxity.

It may include pathological condition, like inflammatory changes, signs
of previous trauma, developmental abnormality and foreign elements.

b. Original shape of the orifice (opening):

In case laceration is present, try to reconstruct the hymen by

means of a probe and determine the original shape of the opening. It
may be linear, circular, stellate, cresentric, septate, cribiform,
imperforate and fimbriated.

c. If lacerated, the following must be noticed:

1. Degree of laceration:

This refers to the extent of damage to the hymen which may

be:
 a. Incomplete laceration – Rupture of laceration of the hymen is
considered incomplete when it does not involve the whole width
or height of the hymen. Incomplete laceration may be:

 Superficial – The laceration does not go beyond one-half of

the whole width of the hymen.
 Deep – The laceration involves more than one-half of the
width of the hymen but not reaching the base.

b. Complete laceration – The hymenal laceration involves the

whole width but not beyond the base of the hymen.

c. Compound or complicated laceration – The laceration involves

the hymen and also the surrounding tissues. It may involve the
perineum, vaginal canal, urethra or rectum.

Notches – Indentation of the hymen simulating lacerations.

They may be symmetrical and may extend to the vaginal wall. The
mucous membrane over the notch is intact. Notches may be
mistaken for laceration.

2. Location of laceration:

For the purpose of locating the site of the laceration, the hymenal
orifice is related to the face of a watch while the subject is in lithotomy
position. With the examiner facing the female genitalia, the location of
the laceration will be described corresponding to the time in the face of
a watch. By this procedure, a laceration at the region of the fourchette
may be described as a laceration at 6:00 o’clock position in the face of a
watch while on the horizontal sides may be termed 9:00 (left side) and
3:00 (right side) positions.
3. Duration of the laceration:

The determination as to how long the laceration took place can be

approximated by the changes observed in the lacerated tissue.

a. Fresh bleeding laceration – The laceration is of recent origin.

b. Fresh healing with fibrin formation and with edema of the

surrounding tissue – Usually after 24 hours.

c. Healed laceration with congested edges and with sharp coaptible

borders – Depending upon the degree of laceration and the presence
or the absence of complications, the said laceration could have
occurred 4 to 10 days. Sometimes, the said finding is termed “recently
healed” laceration.

d. Healed laceration with sharp coaptible borders without congestion

– Sometimes have passed by after the laceration has healed. Ordinarily
it can be inferred that hymenal laceration took place approximately
more than ten days or 2 to 3 weeks.

e. Healed laceration with rounded non-coaptible borders and

retraction of the edges – Laceration took place long before the date of
the date of the examination which is probably more than a month’s
time.

4. Complications of laceration:

A vast majority of laceration of the hymen healed uneventfully,

although in rare instances complications set in. the following are the
possible complications:
 a. Secondary infection – There may be activation of the bacterial
flora in the vaginal canal or a superimposed infection may set in,
especially among women with poor hygienic habit. Gonorrheal
infection is not uncommon when the offender is suffering from
the disease at the time of the sexual act.

b. Hemorrhage – This is rare complication but this may be present

in severe compound laceration of the hymen. Surgical
intervention may be necessary to control the bleeding. Blood
analysis to determine the presence of blood disease may be
indicated when there is disproportion between the injury and the
amount of hemorrhage. Blood transfusion may be required when
the condition of the patient demands replacement of the blood
loss.

c. Fistulae formation – Recto-vaginal or vesico-vaginal fistula may

develop in the case of compound laceration. This may require the
services of a competent gynecologist to subject the patient to
surgery.

d. Stricture – Hymenal laceration alone will not produce stricture

but in case of involvement of the vaginal wall it may consequently
result in narrowing of the canal on account of the scar formation.

e. Sterility – Trauma and infection may further involve the upper

part of the female generative organ and may cause loss of
procreation power.

PHYSIOLOGIC CONSIDERATION:

A. During Sexual Excitement:

1. Local Changes:

The parasympathetic innervations of the sex organ is from the 2nd,

3rd and 4th spinal sacral segments, and the sympathetic innervations is
from the 11th thoracic down to the 1st lumbar. In the male, the stimulus
may be central or somesthetic (somesthetic: concerned w/ bodily
sensation) or local tactile in origin.

In the male, stimulation will cause erection of the penis due to

active dilation of the arteries through the nervus origentis. The erection
is also brought about by the contraction of the ischiocavernosus muscle
producing compression of the dorsal vein of the penis, thus causing
accumulation of blood under pressure.

More sexual stimulus will be attained through friction during the

sexual act coupled with the physical activities of the partner.

In the female, sexual stimulation will cause tumescence (swelling

due to engorgement of blood) of the clitoris, vestibule and labia
minora.

There is spontaneous vulvar lubrication. The lubricant is a

transudate coming from the vaginal wall and its production ceases
when the stimulus is removed. The lubricant dries quickly.

There is labial engorgement and vaginal lengthening and

widening. During the excitement, the vaginal canal increases in length
from 7 to 8 cm. to 9.5 to 10.5 cm. At the level of the cervix there is a
transverse expansion of the vaginal canal from 2 cm. to 4 cm. to 6.25 to
6.75 cm.
2. Systemic Effects:

a. An increase in the pulse rate;

b. Marked increased in blood pressure making its peak during orgasm;

c. An increase if peripheral flow of blood experienced as an increase of

body warmth;

d. Tumescence (engorgement of blood), which is the consequence of

this peripheral flow concentrating on erectile tissue;

e. Increased respiration;

f. A decrease in bleeding during arousal, which is reversed

subsequently;

g. A decrease in sensory perception;

1. There is blunting of the sense of touch.

2. Pain may be largely lost; sensation which could be sharply

painful may only be experienced as no more than a mild touch

stimulation.

3. Alertness of hearing and vision is clearly decreased.

B. During Orgasm:

In the male, orgasm is the sensation resulting from the

contraction of the smooth muscles of the genitalia and the striated
muscles of the pelvic floor coinciding with ejaculation.

Seminal emission is carried on by the peristaltic action of the vas

deferens, seminal vesicle and prostate.
 Ejaculation results from the contraction of the pelvic floor muscle
and the bulbospongiosus and ischiocavernosus muscles.

In the female, during orgasm, there is contraction of the smooth

muscles of the uterus and rhythmic contraction of the vaginal
sphincter, the ischiocavernosus and the pelvic floor musculature.

The physiological changes are similar in both male and female.

The difference is only in the speed of response. In the male, sexual
arousal is psychological followed by physical, while in the female it is
primarily physical.

DEATH RELATED TO SEXUAL ACT

1. Death of the Male Partner:

a. Death from natural cause:

During sexual intercourse, the male as an active subject

develops increase blood pressure, tachycardia and
hyperventilation due to emotional response and muscular
exertion. If he is suffering from cardio-vascular disease or
insufficiency of cardiac reserve, the increase demand on the
cardiovascular system may not be met and he may die. This is also
true in masturbation.

If a person died outside his conjugal home, the dead is

generally referred to as “D.I.S.” or “death in the saddle”.
Sometimes it is jokingly claimed that “he died with his boots on”
or “he died planting the Philippine flag”. If death took place in a
prostitution house, the children’s comment is “Daddy died in the
arms of a scarlet woman”.
 b. Death may be due to the defensive act of the woman-victim:

In cases of rape, the victim may be able to take hold of a

sharp instrument and inflict injuries to the offender which may
cause his death.

2. Death of the Female Partner:

Women almost never suffer death from natural causes during the
normal sexual act. The reason may be that they are less susceptible to
cardio-vascular disease and that they play a passive role in sexual
intercourse. Women can control their tendencies to over-excitement
and they exert less physical effort in a sexual act than men do.

Death of the female partner is usually accidental and not on

account of a natural disease:

a. The sexual intercourse might be done in a relatively confined space

like the back seat of a car. Accidental strangulation or suffocation of the
female partner may be due to the undue pressure applied on the chest,
neck or face. The struggle of the female partner may remain unnoticed
on account of the height of sexual excitement, and this may cause her
death.

b. In case or oral sex (fellatio) wherein the male penis is placed in the
mouth of the female partner, the size and length of the penis may
cause partial or total block of the air passage, causing asphyxia.
Ejaculation of seminal fluid may occlude the lumen of the respiratory
tract as in drowning.

c. In case of cunnilingus (a perverted sexual act wherein the male licks

the female genital organ), the male partner may blow air in the vulva
and may cause air embolism especially when the woman is pregnant.
The air may enter the blood circulation and causes immediate death.

d. Saddists who may not be sexually satisfied by sexual intercourse but

by inflicting physical injuries to the partner may cause death of the
female partner.

e. Death of the female partner may be deliberately done by the male to

conceal the crime of rape he has committed. The male partner may
inflict physical injuries, or may cause asphyxia by strangulation or by
other means.

f. The female partner may die of shock as a result of extreme physical

and mental trauma in case of rape.

g. Hemorrhage.

h. Infection.

3. Death of both partners:

a. Almost simultaneous death of both partners during sexual

intercourse may be due to the performance of the sexual act in an
enclosed place with carbon monoxide or other asphyxiant gas.
Examination of their respective blood will reveal the presence of
the gas incompatible with life.

b. Homicide – suicide pact.

SEX CRIMES

Criminological Characteristics:

1. It is one of the ancient and universal crimes. It existed since the dawn
of history. Although, considered a crime by almost all countries of the
world, society’s reaction to its repression depends on the moral value
and its gravity as a social problem.

2. There is a close physical contact between the offender and the

victim. Murder and homicide may be committed with the offender at a
distance from the victim. Estafa and many other crimes may be
committed even without the physical presence of 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. Any person without sex desire is considered

abnormal. Satisfaction of the sexual instinct must be, in a way,
acceptable by the moral standard. What is punishable is the anti-social
means of attaining sexual gratification.

In other crimes, no man is normally born with such criminal

instinct. Murderers, defrauders, and other violators of the criminal law
are not inborn characters of individuals.

5. Except probably the crime of rape and forcible abduction, most of

the sex crimes do not belong to the so called conventional crimes.
Considering other sex acts as crime depends on the moral value existing
in a society. Seduction and consented abduction are considered as
crimes in the Philippines but not in other countries.

6. Many sex crimes are committed but not reported; if reported, not
investigated; if investigated, not prosecuted. This is on account of the
fact that undue publicity may be prejudicial to the reputation of the
victim.
7. It is a crime committed in strict privacy. If committed in public the
offender must be a mental deviate. Reliance must therefore be made
by the investigating officer or court on the testimony of the victim
corroborated by the medical findings.

8. Although it is more frequent among the lower socio-economic class

those who belong to the middle and upper classes are not immune in
the commission of the crime.

9. Unlike other crimes, pardon, forgiveness or marriage between the

offender and the victim will extinguish the criminal liability of the
offender.

10. There is a seasonal variation in the frequency of commission. It is

not the season that causes the variation but the social forces that may
be present in a specific season. The month of May, for example, has
more cases of sex offenses because Mayflower festivals, fiestas, picnics,
excursions, etc. are frequent during this month.

11. The severity of punishment does not deter its commission. Its
frequency has not been appreciably reduced by Martial law.

12. Its occasional consequence (pregnancy) becomes a legal problem,

e.g. support, abortion, legitimacy, unwanted child, inability to find a
means of livelihood, etc.

13. If the offender is of past middle age, usually the victims are
children. The primary reason is that old men will be ignored by elderly
women so they focus their attention on children who can easily be
enticed by candies or other things of value.
14. The psychic trauma suffered by the victims of sex crimes varies with
the moral standard of the victim. Women of the “Maria Clara” type
with morality of the Puritan Standard may inflict fatal or serious injuries
on the offender. Some may develop a feeling of worthlessness and as a
consequence, may lead to self-destruction, while others may be
mentally deranged. Others may have a strong belief in the machinery of
justice and file the complaint, but a great number of those who seek
justice later become amenable to an amicable settlement.

Other victims suffer from fear of unfavorable consequence, like

pregnancy, social degradation and maltreatment by parents and other
relatives.

When and How Rape is Committed – Penalties:

Rape is committed by having carnal knowledge of a woman under

any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious;

and

3. When the woman is under twelve years of age, even though neither
of the circumstances mentioned in the two next preceding paragraphs
shall be present:

 The crime of rape shall be punished by reclusion perpetua.

 Whenever the crime of rape is committed with the use of a
deadly weapon or by two or more persons, the penalty shall
be reclusion perpetua to death.
  When by reason or on the occasion of rape, the victim
becomes insane, the penalty shall be death.
 When the rape is attempted or frustrated and homicide is
committed by reason or on the occasion thereof, the
penalty shall be likewise death.
 When the reason or on the occasion of the rape, a homicide
is committed, the penalty shall be death.

Elements of the crime:

1. The offender had carnal knowledge of the woman. The victim of the
crime must always be a woman while the offender must inferentially be
a man because sexual act must be done by a man and a woman.

2. The carnal relation must be made under any of the following

circumstances:

 Use of force or intimidation;

 The woman is deprived of her reason or otherwise made
unconscious; or
 The woman-victim is less than 12 years of age.

Meaning of Carnal Knowledge:

Carnal knowledge is the act of the man in having sexual bodily

connection with a woman. There is carnal knowledge if there is the
slightest penetration in the sexual organ of the female by the sexual
organ of the male. It is not necessary that the vagina be entered or that
the hymen be ruptured.
 For the consummation of the crime of rape, it is not necessary
that there is rupture of the hymen. It is enough that the labia of the
female organ was penetrated.

Slightest penetration is enough, proof of emission is not

necessary. The absence of spermatozoa in the vagina does not negate
the commission of the crime of rape.