Investigate a crime scene

Investigate a Crime Scene (Rape case)

Rape means sexual intercourse (include vaginal , anal , oral penetration by a body part or by an object) with a female against her will and consent by a male forcefully in following circumstances  -

When mental condition is weak and unable to communicate consent.
Under any kind of threat
Against her will even she is a prostitute 
Under condition of intoxication (unsoundness of mind)
When she is a minor
Misrepresenting the act as a treatment
Inveigled her by false promises of marriage. 

Sexual assault is sexual contact that fall short of intercourse or attempted rape.

Male rape is done by another man. The legal definition has changed since late 20th century , a rape is now understand as a rapist or a victim of either gender or a child.

Why women do not report the cases -

Lack of faith on police department and upper status of rapist in the social area.
Belief of unsympathetic treatment from police and from social environment. 
Fear of  victimization by media and court proceedings. 
Lake of legal knowledge .

The conviction rate in rape cases is low , due to following reasons  -

Investigation is not proper and lacking of scientific temperament .
Domination of man in society and social factors. 
Potential witnesses not found by investigation officer. 

It is the responsibility and duty of the investigation officer to understand the victim viewpoint and phases of rape trauma Syndrome.
The first responder or officer must ask the victim about serious physical injuries and provide immediate medical attention to her .
Understand the forensic science and the forensic evidences . Take statement of the victim (should be given before female officer).
Document , collect and preserved evidences. 
He must be interrogate the suspect and identify / locate witnesses.
Link the both victim and suspect to the crime scene. How she is familiar to the rapist.
Reconstruct and established the crime scene.
Look out the possibilities of false rape allegations.
Find out the family history of victim and other details.
Culprit movement at the time of crime and its plea of being elsewhere should be verified. 
For what purpose culprit reached the crime scene also to be considered.
Made a strong case that established and proved in court trials.

Investigate a crime scene(rape case)

The whole crime scene should be photographed  , make sketch of the crime scene. 
After preliminary survey , evidences such as hair , fibers , etc collected with caution and preserved.
Strangulation materials like rope cloth , wire , dupatta etc must be collected .
Use clean cotton for lifting stains and smears of blood , saliva , semen etc.
To analyze call records collected the cell phone of victim/suspect.
Footprints , shoe prints , fingerprints , Tyre marks should be located and recorded properly. 
Also see that other items like any key , identity card , bag etc may be found at crime scene. 
Collect the drop sheet as it has evidence such as pubic hairs , head hairs , sand , fibers or vegetation. 
Nail clipping of rape victim for examination. 
Look out for CCTV or surveillance video footage. 

Lets discuss in details the evidences must be collected by the investigation officer from the victim and from the culprit that helpful to investigate a crime scene .

From victim - Medical evidences should always be searched and collected by a female medical officer. 
Consider the following  -

Physical and mental condition of victim.
Injuries on private parts such as torn hymen , bleeding , abrasion , bite marks etc.
Location of injuries. 
Whether cloths were torn or otherwise. 
Age of victim , pregnant or not , habitual of sexual act or not.

Physical evidences -

With the help of medical officer the investigation officer should collect  -
Vaginal secretion and swabs for semen possibility. (In some cases of anal examination , an anoscope used or anus swabbed  under direct vision).
Clothing of victim(including under garments) as there is the possibility of seminal stains , hair , saliva , bloodstains , fibers of the culprit. 
Control sample of pubic hairs from victim. 
Nail clipping of the victim as it contains blood , fibers , tissue etc of culprit. 
Blood for DNA purpose and urine for drug should be collected. 

From culprit -

Medical evidences  -
Examine that culprit is capable of performing sexual intercourse or not.
Is there any injuries on private parts of culprit. 
Clothing condition of culprit and presence of seminal stains etc on them.
Presence of bite marks , scratches on the body of culprit .
The culprit examined for sebaceous secretion around the penis , the smegma is a vital evidence which disprove the false rape charge.

Physical evidence found from culprit  -

Possibility of  the presence of fibers of victim clothes on the clothing of the culprit. 
Stains of blood , vaginal fluid found on private parts and the pubic hairs of the victim. 
Possibility of finding stains of lipstick , cream and powder on the body and clothing of culprit. Clothing also contains dirt , dust , soil etc from the crime scene.
 
When a rape victim come forward after days , weeks , months or after years conducting a physical forensic examination is not so appropriate. 

Laws related to investigate a crime scene (rape case)

In India under section (u/s) 375 of Indian Penal Code(IPC) deal with rape.
u/s 53 of CrPC(code of criminal procedure) deal with the examination of culprit by medical practitioner at the  request of  investigating officer .
In u/s 228A of IPC , nobody can disclose the name of the rape victim.
In u/s 327(2) of CrPC there should be in camera trial for a rape victim.
u/s 164 CrPC deal with medical examination of a rape victim. 

In some cases rape is followed with murder of the victim.

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