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Saint Mary’s University_Criminology Review Center 1

Subject: Forensic Medicine

Review Notes in
FORENSIC MEDICINE Types of Medical Evidence:
By: Saint Mary’s University
1. Autoptic / Real Evidence- this is evidence
Forensic Medicine is a branch of Legal Medicine made known to the senses- vision, hearing,
wherein medical science is α‫ק‬plied to elucidate legal taste, smell and touch. Examples are:
problems. It deals with investigatiөŋ, preparation, specimens, cadavers, etc. Limitations of such
preservation and presentation of evidence and evidence:
medical opinion in courts and other legal, a. indecency and impropriety
correctional law-enforcement settings. Its application b. repulsive objects and those offensive to
is not limited only to legal issues but also covers sensibilities
historical, environmental and socio-political
issues. 2. Testimonial Evidence- a physician or any
professional / specialist may be called to court
Medico-legal Cases: to testify. He may be:
1. Injuries or deaths involving persons who have no a. Өrdinary Witness- a physician may ße
means of being identified called to testify on mαtters perceived from
2. Persons pronounced as “Dead On Arrival” (DOA) his patient in the course of physiciaή-
3. Death occurring within 24 hours of admission in a pαtient relationship.
hospital when the cause of death is unknown or b. Expert Witness- a physician on account of
undeterminable his training and experience can give his
4. Unexpected sudden death especially when the opinion on a set of medical facts.
deceased was in apparent good health
5. Death due to natural disease with physical 3. Experimental Evidence- application /
evidence suspicious of foul play demonstration in court of an experiment / test
6. Death due to violence, accident, suicide or to prove / corroborate ones allegation.
poisoning 4. Documentary Evidence- an instrument on
7. Death due to improper or negligent act of another which is recorded by means of letters, figures,
person or marks intended to be used for the purpose of
8. Victims of physical injuries due to: recording that matter which may be evidentially
a. Gunshot wounds, stab wounds, mauling, etc used. ♠
b. Vehicular accidents 5. Physical Evidence- articles and materials,
c. Asphyxia (lack of oxygen due to suffocation, which are found in connection with the
strangulation, hanging, choking, crushing, or investigation.
drowning) 6. Video Evidence- a recording of a medical
d. Electrocution, chemical or thermal insult procedure- autopsy, clinical session, ward
e. Accident, “attempted” homicide or suicide observation, etc.
f. Poisoning
9. Cases of Child Abuse, domestic violence, rape, Privileged Communication- a physician is not
alcoholism and drug addiction allowed to disclose those informations to others as
10. Cases involving mental competency of a person regards to matters he perceived from his patient
11. Negligent acts or omissions of hospital staff during the physician-patient relationship. He cannot
resulting in violation of rights of patients or in a civil case reveal any information without the
leading to ones physical and mental consent of the patient; information which he may
incapacitation, physical injury or death have acquired in attending to such patient in a
professional capacity, which would blacken the
EVIDENCE character of the patient.
 Evidence is the means, sanctioned by the Rules
of Court, of ascertaining in a judicial proceeding Dying Declaration- are considered exemption to the
the truth respecting a matter of fact. hearsay rule since they are made in extremis, when
 Medical evidence is the means employed to the declarant is at the point of death. For then, the
prove an act, which is medical in nature. motive to commit falsehood is improbable and the
 Admissibility of evidence- For the evidence to inclination is only to speak the truth. To be
be relevant, it must have such a relation to the admissible, it must be:
fact in issue as to induce belief in its existence or
non-existence.
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Subject: Forensic Medicine

1. declarant was conscious of his impending Basic principles:


death a. possibility of 2 people to have identical
2. declaration must be regarding ones dentition is remote.
impending death. b. Tooth has 5 surfaces; an adult has 32
3. declarant was in full possession of his mental teeth
faculties when he made the declaration. c. The enamel of the teeth is the hardest
4. evidence is presented in court in a case of substance of the body; it outlasts all
homicide, murder or parricide wherein the other tissues of the body during
declarant was the victim. putrefaction or physical destruction.
d. The more recent the ante-mortem
ASPECTS ON IDENTIFICATION OF INDIVIDUAL. records of the person to be identified, the
more reliable is the comparative mode of
Identification- determination of the individuality of a identification that can be done.
person or thing. e. Information that can be derived from
study of teeth- occupation, personal
Methods of Identification: traits, age.
1. Ordinary Method
2. Fingerprinting 4. Handwriting - Bibliotics- science of handwriting
3. Odontology analysis
4. Handwriting
5. Anthropology 5. Anthropology- Data that can be gathered by
6. DNA examination of bones:
7. Biometrics  sex, age, height, weight, race, occupation,
person’s shape / physique, time of death,
1. Ordinary Method- identification is dependent on right / left handedness, violent death, injuries,
the clarity of ones eyesight. It is not as accurate fractures.
and authoritative as the other scientific methods.  Humans have 206-208 bones; Cats have 244
Identification testimony has 3 components: bones.
a. witnessing a crime involves perception of
an event actually occurring 6. Deoxyribonucleic Acid (DNA)
b. witness must memorize details of the  Present in all cells. It is organized in the
event chromosomes in the nucleus and
c. witness must be able to recall and mitochondria. Taken from saliva, blood,
communicate accurately. urine, sweat, semen, vaginal fluid, hair, teeth.
 First applied in the country in the case of Jury
Unreliability of a witness testimony arise and Ricardo Andal and Edwin Mendoza for
from each of these 3 stages. Also, lighting during raping 22 year old Nancy Siscar.
the criminal act is important. In broad daylight,  Structure: two chains arranged in a twisted
one can see accurately at a distance of 100 ladder double helix form.
yards; in moonlight / starlight, this is limited to 10-  With the exception of identical siblings, DNA
17 yards of each person is
- unique. A person’s DNA never changes
2. Fingerprinting - in ones lifetime. Of
Basic principles: - the 3 billion places in our DNA, each
a.Chances of 2 individuals to have identical person has a
fingerprints (1:64,000,000,000) - difference at 10 million spots along the
b.Fingerprints are not changeable so long as DNA strand. One in
the dermis layer of the fingers remain, - every 300 spots will be unique. These
fingerprints will remain unchanged and unique places are
indestructible. - called DNA markers and are used in
c. Fingerprints of infants are difficult to forensic science to
impress due to the secretion of oils of the - identify people.
fingers.

3. Odontology - study of the structure, health and


growth of teeth

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Subject: Forensic Medicine

 The condition of DNA samples taken from  Brain Death - irreversible cessation of all
cadavers depends functions of the brain, including brainstem.
- greatly on the conditions that the cadaver  Algor Mortis (Cooling of the Body)- rapid fall in
had been exposed body temperature in the first 2 hours after death.
- to. The more the bacterial and fungal Generally, the cadaver attains the temperature of
decomposition that the surroundings in 12 – 15 hours. Factors
- has occurred, the less the chance of affecting cooling:
obtaining good -medical condition of the body (fever, age,
- typeable DNA. body structure)
-external factors (clothing, surrounding
 In assessing the probative value of DNA, temperature)
courts consider the following:
- How samples were collected
- How samples were handled Muscular Changes in Death (Rigor Mortis)-
- The possibility of contamination of a.Primary Flaccidity- occurs 6 – 8 hours after
samples death. Complete relaxation and softening of the
- The procedure followed in analyzing muscles. Lower jaw falls, eyeball sinks,
the samples urination and defecation
- Proper standards and procedures b.Stage of Rigidity- starts 3 – 6 hours after
followed in conducting the tests death and is completed at 12 hours and
- Qualification of the analyst who remains for 36 – 48 hours. stiffening of muscles
conducted the tests of the body. Face and neck affected first, and
stiffness gradually works down to the body and
7. Biometrics - Science of verification of people’s legs. Cadaver feels warm not stiff. Not dead
identities using their unique biological more than 3 hoursWarm & stiff death between
characteristics. Forms of biometrics: retina scans, 3 & 8 hrs Cold & stiff death between 8 & 36 hrs
iris scans, face scans, finger or hands print Cold & not stiff death more than 36 hrs
(Differentiate from Cadaveric Spasm- occurs
immediately after death, involves only certain
BLOOD AND BLOOD STAINS IDENTIFICATION muscle groups, may or may no occur)
c. Secondary Flaccidity- noted about 48 hours
Precipitin Test - determines whether blood is of after death. Body becomes soft, no longer stiff.
human origin or not. Softening due to dissolution of muscles.
Blood Grouping – types A, B, AB and O Signals start of putrefaction/decomposition.

Tests to determine if a stain is blood: Blood Changes in Death -


 Benzidine – No longer used. A carcinogen. a. Cadaveric / Post-Mortem Lividity /
 Kastle Mayer test – Uses phenolphthalein. Hypostasis- due to gravity and softening of
Reacts with a bright pink color due to hemoglobin muscles, ßlood αccumulates in most
blood. depeήdent portions of the body. Appears αs
 Luminol test – Detects invisible blood stains. early as 3-6 hours after death; becomes fully
Produces a phosphorescent light in the dark established at 12 hours.
where bloodstains are present. Importance:
 Teichman test, Takayama test, Wagenhaar test –  may determine whether position of the
Add specific chemicals to the long-dried blood to body has been changed
form crystals with hemoglobin derivatives.  determines duration of death
 may indicate cause of death through
ASPECTS Өŋ DEATH discoloration changes-
 SOCO Team composition- forensic specialist, bright pink – carbon monoxide poisoning
police investigator, fingerprint expert, dark red- strangulation
photographer, and chemist
b. Putrefaction of the Body- noted as early as
 Death - cessation of life
48 hours after death
 Cardio-respiratory Death- continuous,
 Blood changes color to greenish-black or
persistent, irreversible cessation of heart action
blue
and breathing.

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Subject: Forensic Medicine

 Due to formation of gases- abdominal Manners of Death:


distention, protrusion of the eyes,  Electrocution- at least 1,500 volts of electricity
 face turns black, froth coming out of nose  Hanging- death due to strangulation, cervical
and mouth, floating of fracture / dislocation
 the body, expulsion of fetus  Gas chamber- use of cyanide gas or carbon
 organs liquefy first, followed by muscles monoxide
 Lethal injection- use of sodium thiopenthal
Fast decomposition is noted in infants, (sedative) Pancuronium bromide (muscle
obese, death due to infection, free air relaxant) Potassium chloride (heart stoppage
accessibility, presence of moisture, absence drug)
of light, shallow grave, mass grave  Euthanasia / Mercy Killing- taking the life of
another person in the belief that it is a
compassionate act because the ill person is
Entomology in the Cadaver- study of insects in unable to do so.
relation to the cadaver. Two insects arrive early in the  Suicide- direct, conscious, intentional act of
cadaver: self-destruction
 Evidences: history of depression, unresolved
1. Blow flies - female lays eggs in the cadaver.
problem or mental disease previous attempts
After a day, eggs hatch to a larva:
wounds are located in areas accessible to the
5.0mm larva in 1.8 days
hand and usually solitary.
10mm larva in 2.5 days
17mm larva in 4 – 5 days
Disposal of the Dead-
Pupa stage to adult – 13 days
 Embalming- injection of 1.5 to 2 liters of
Egg to adult cycle – 19 days
formalin or perchloride of mercury or arsenic
into the carotids or femoral vessels.
2. Flesh flies - do not lay eggs, only deposits
larvae.  Burial / Inhumation- grave has a depth of 1½
meters; at least 25 meters distant from any
3. Beetles and moths arrive when the cadaver is house; 50 meters away from any water
dry exposing the bones; feed on flies and source.
maggots.  Body must be buried within 48 hours after
death, except:
Digestion of Food- digestion ceases after death.  still a subject of legal investigation
The time of death can be ascertained by looking how  specifically authorized by local health
far the food has moved in the intestines. Food begins authorities
to empty the stomach ten minutes after eating. Light  body is embalmed
meals take up 2 hours to empty the stomach,  radioactive body (decayed to safe level
whereas a large meal may require 6 hours. first before burial)

Property Right over the dead body- in cases of PHYSICAL INJURY


medicolegal autopsy, the dead belongs to the state
for the protection of public interest until such time as 1. Tissue reactions to injury- “rubor” / redness,
a complete and thorough investigation into the “calor” / warmth, “dolor” / pain, “function laesa” /
circumstances surrounding the death and the cause loss of function
thereof can be completed. 2. Mortal Wound- capable of causing death
immediately after infliction
Immediate (Primary) Cause of Death- applies to 3. Non-mortal wound- wound not capable of
cases when trauma or disease kill quickly that there producing death immediately after infliction.
is no opportunity for sequelae or complications to 4. Superficial wound- wound involves only the
develop. outer layers of the skin (epidermis)
5. Deep wound- wound involves the inner
Proximate (Secondary) Cause of Death- the injury structures of the body beyond the skin.
or disease was survived for a sufficiently prolonged 6. Penetrating wound- instrument enters the body
interval which permitted the development of serious and pierces a solid organ or tissue (liver, spleen,
sequelae which actually caused the death. lungs, brain, kidney}
7. Perforating wound- instruments produces a
communication between the inner and outer
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Subject: Forensic Medicine

portions of hollow organs (intestines, heart, neck resulting to transaction of the spinal cord
urinary bladder) usually in the level of 5th and 6th vertebrae of the
8. Coup injury- injury located at the site of spinal column. This may cause paralysis of the
application of force (ex. Stationary head hits a lower portions of the body.
moving object)
9. Contre-coup injury- injury is found opposite the Incised wound vs. Lacerated wound
application of force (ex. Moving head hits
stationary object) 1. IW - Edges are clean cut, regular and defined.
10. Coup cөntre-coup injury- injury is located at the LW - Edges are roughly cut, irregular & ill-
site and also opposite the site of application of defined.
force (ex. Fixed head is hit by moving object and 2. IW - No swelling or contusion around the
falls to a stationary object) wound. LW - Swelling & contusion around the
11. Extensive injury- injury involving a greater area wound
of the body beyond the site of application of 3. IW - Wound extremities are sharp. LW - Wound
force. Usually associated with varied injuries. extremities are ill-defined and irregular
12. Defense wounds- injuries sustained by a person 4. IW - Healing is faster. LW - Healing is delayed
as a result of repelling or avoiding potential injury 5. IW - Hair bulbs are cut. LW - Hair bulbs are
contemplated by the aggressor. preserved
13. Patterned wound- wound assuming the shape 6. IW - Caused by a sharp-edged instrument. LW -
of an object or instrument causing it. Caused by a blunt instrument
14. Self-inflicted wound- wound produced upon
oneself usually with the intention to ending ones Evidences showing intent of the offender to kill
life. the victim:
15. Mutilation- an act of looping or cutting off any  presence of more than one stab wound
part or parts of the body depriving the victim  wounds located in different parts of the body
partially or totally some organ of reproduction.  wounds are deep
16. Closed wound- there is no break in the  wounds are serrated or zigzagged
continuity of the skin or mucous membrane
17. Open wound- injury causing a break in the Complications of Injury / Trauma:
continuity of the skin or mucous membrane
18. Stab wound- produced by the penetration of a a. Shock- results due to continuous bleeding from
sharp-pointed and sharp-edged instrument injuries. An adult has an average of 5 liters of
19. Puncture wound- wound as a result of a thrust blood in the body. A blood loss of 20% may
of a sharp instrument (icepick, needle, thorn, result to irreversible blood loss (shock) and
fang) may be fatal.
20. Abrasion- “gasgas”. Removal of the superficial b. Hemorrhage- loss of blood brought about from
layer of the skin as a result of rubbing or friction wounds. If continuous and in large volume,
of the skin against a rough surface. may lead to shock.
21. Contusion- skin discoloration (reddish to bluish- c. Infection- the appearance, growth and
black) due to the accumulation of blood as a
development of microorganisms in the site of
result of trauma to minute skin blood vessels.
injury.
Skin remains flat.
d. Embolism- foreign material introduced in the
22. Hematoma- a swelling of the skin due to a
blood as a result of trauma causing
collection of blood underneath due to trauma on
blockage of certain vessels in vital parts of the
blood vessels.
body.
23. Fracture- break in the continuity of the bone.
24. Sprain- partial or complete disruption of a muscle
Healing of wounds- completely healed in 7 days;
or its ligaments.
this may be earlier (4 days) in the face and neck.
25. Strain- over stretching of a muscle or ligament.
26. Dislocation- displacement of a bone from
Ante-mortem wouήd vs. Post-mortem wound
its socket or articulating surface.
27. Cerebral Concussion- a violent shaking or
1. AW - Bleeding is copious and bright red. PW -
jarring of the head may result to a transient loss
Bleeding is slight or none at all.
of consciousness, sensory or motor impairment.
2. AW - Spouting of blood. PW - No spouting of
28. Whiplash injury- sudden deceleration will cause
blood
severe hyperflexion and hyperextension of the

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Subject: Forensic Medicine

3. AW - Clotted blood. PW - Non-clotted blood or d. In intersection collusions, the cyclist’s body


soft clot moves forward, he is lifted from the
4. AW - Deep staining of edges which are not motorcycle’s seat and his head strikes the side
removed by washing. PW - Edges not deeply of the vehicle near its roof.
stained; removed by washing
5. AW - Edges gape. PW - Edges do not gape Explosion injuries:
6. AW - Inflammation & reparative processes Destructive effects- disruption or
present. PW - Inflammation & reparative process fragmentation of the body, abrasions, lacerations,
not present peppering, burns, knockdown effect on the victim,
asphyxia/ suffocation due to lack of oxygen in the
What wounds indicate? surrounding air, injuries from flying missiles or falling
1. Wounds in concealed portions of the body debris, inhalation poisoning (carbon monoxide, nitric
generally indicate homicide. gases, sulfur dioxide, etc)
2. Wounds sustained in the back of the victim
indicate treachery FIREARM Injuries:
3. Deep cuts on the palm of the hand indicate the Abrasion / Contusion collar- the pressure
victim may have grabbed the weapon of the bullet on the skin will cause the skin to be
4. Wounds on the forearm may have been depressed and lacerates the skin. A ‫ק‬perpendicular
incurred to ward off an attack or in self-defense approach will produce an even width of the collar. An
5. If fatal wound was inflicted first, there is acute angle approach will cause an abrasion collar
murder; if last, homicide wider at one end of the wound. Presence of tattooing/
6. Multiple number generally indicates homicide peppering around the wound and blackening of the
or murder margins due to smoke smudging.
7. Cocking the shotgun before discharging it,
shows a clear intent to fire at someone Destructive effects- laceration and crushing,
8. Defense wounds are generally inflicted first . cavitation, shock waves, hydrostatic force (i.e. liquid
contents of the body in the urinary bladder and
Bumper injuries: intestines (urine, intestinal fluids) are displaced
a. Injury as low as the ankle, indicates the driver radially away from the bullet path producing
applied the breaks causing the front of the car extensive lacerations); fragmentation or
to dip and hitting the pedestrian. disintegration of the bullet, fragmentation of hard
b. In speeds of less than 25 mph, the pedestrian brittle object in the trajectory (i.e. bones).
drops to the ground when the vehicle stops.
c. In speeds of 25 – 30 mph, the pedestrian is Gunshot Entrance Wound vs. Gunshot Exit
thrown upwards and may land on the vehicle’s Wound
hood. When the vehicle stops, the pedestrian
rolls to the ground incurring other injuries. 1. EnW - Smaller than the missile. ExW - Always
d. In speeds 50 – 60 mph, the pedestrian may be Bigger than the missile
thrown much higher and may land on the trunk 2. EnW - Edges are inverted. ExW - Edges are
or on the road behind the vehicle in which case everted.
the pedestrian may be hit by another passing 3. EnW - Usually round or oval. ExW - No definite
vehicle. shape
e. If the pedestrian is hit by a truck or bus, the 4. EnW - Presence of contusion collar. ExW -
impact is above the center of gravity (i.e. above Absence of contusion collar
the brim of the pelvis). Thus the pedestrian is 5. EnW - Tattooing or smudging may be present.
thrown forward, sideward or on the radiator grill ExW - Always absent.
and falls to the ground. 6. EnW - Underlying tissues are not protruding.
ExW. Underlying tissues may be protruding
Motorcyclist injuries: 7. EnW - Always present. ExW - May be absent
a. Due to sudden deceleration, whiplash injury 8. EnW - Paraffin test may be positive . ExW -
may occur. Paraffin test always negative
b. Internal organ injuries may be due to sudden
violent turning of the handlebar.
c. In front and rear collisions, one is likely to be
thrown forward and upward over the top or on
top of the vehicle hit.

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Saint Mary’s University_Criminology Review Center 7
Subject: Forensic Medicine

Some Principles regarding Gunshot Injuries: Dermal ŋitrite Test- also known as Paraffin test,
1. The higher the caliber of the wounding bullet, the Diphenylamine Test, Lung’s Test or Gonzales Test.
greater will be the size of the entrance wound. May give false positive results when suspect handled
2. In most cases, the size of the entrance wound is fertilizers, cosmetics, cigarettes, urine and other
smaller than the caliber of the wounding bullet nitrogenous compounds.
because of retraction of the skin.
3. The exit wound is usually larger than the entrance Өther Methods of Detecting Gunshot Residue:
wound because of the lack of support beyond the a. Modified Griess Test- utilizes a chemical
skin and the velocity of the missile. color reaction to distinguish oßscure or faint
4. No burning, smudging or tattooing is seen in gunpowder patterns. Produces orange-red
entrance wounds fired from a distance of at least color indicating presence of nitrites.
60cm (2 ft) b. Dithiooxamide (DTO) Test- determines
5. An exit wound does not show characteristic shape characteristics of bullet holes. Determines
because of the deformity of the bullet in its presence of copper and cobalt.
passage to the body. its wobbling and stumbling c. Sodium Rhodizonate Test- Effectively used
movement and fragmentation of the missiles. in determining entrance and exit holes.
6. If the number of gunshot wounds of entrance and Utilizes a chemical reaction specific for lead.
exit found in the body is even, the presumption is
that no bullet is lodged in the body. But if the CHILD ABUSE - refers to maltreatment, whether
number is odd, the presumption is that one or habitual or not, of a child which includes:
more bullets might have been lodged in the body. a.Psychological or Physical abuse, neglect,
7. Injuries that cause incapacity to do voluntary acts sexual abuse or emotioήαl maltreatment
are those involving the brain and spinal cord. b.Any act by deeds / words which debases,
Injury to the cerebral hemispheres is as a rule not degrades or demeans the intrinsic worth and
immediately fatal, however, a bullet course which dignity of the child.
includes the medulla, pons and other vital brain c. Unreasonable deprivation of ones basic needs-
centers may cause immediate death. (This area is food, shelter
situated between the ears) d.Failure to immediately give medical treatment
8. Gunshot to the heart as a general rule does not
Forms of Child Abuse- child prostitution, sexual
prevent the victim from running, walking, climbing
abuse, child trafficking, working children, obscene
stairs or do other forms of volitional acts for death
publicity and indecent shows
is not usually instantaneous.
Mauchausen Syndrome by Proxy- parent creates
9. Abdominal gunshot injuries are not limited to one
an emergency situation and attempts to revive /
organ but to several organs.
rescue the child
10. Injuries to organs may not be found along the Doctrine of Parens Patriae- state interferes in
course of the bullet ( due to shock wave and affairs of the child if it so deems for child’s interest
hydrostatic force effects)
11. Bullet wounds to the stomach and other hollow SEX CRIMES:
organs are usually small on account of the 1. Carnal knowledge- the art of a man in having
contractility of walls. sexual bodily connection with a woman. It is not
12. The presence of multiple entrance wounds may necessary for the vagina to be entered or that
not exclude suicide. the hymen be ruptured.
13. In shotgun injuries, at close range (< 4 ft), the 2. Seduction- the act of a man enticing women to
pellets essentially act as one mass, the entrance have unlawful intercourse with him by means of
wound would be about 1 inch diameter. The persuasion, solicitation, promises, bribes or
wound cavity wound contains wadding. At other means without employment of force.
intermediate range (4 – 12 ft), the entrance wound 3. Acts of Lasciviousness- acts which tend to
is 2 inches in diameter and the borders show excite lust; conduct which is wanton, lewd,
individual pellet markings. Wadding may be found voluptuous or lewd emotion.
near the wound. 4. Lewd Design- the intent of the abductor to have
14. In a sequence of fire, the first shot may be sexual intercourse with the woman abducted.
horizontal (victim upright) but subsequent shots 5. Acid Phos‫ק‬hatase Test is conclusive of the
would be oriented down or to the back of the presence of semen.
victim as he falls or flees. 6. Precipitin test determines whether the semen
is of human origin or not.

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Saint Mary’s University_Criminology Review Center 8
Subject: Forensic Medicine

About the Female Sex Organ: - the assailant may not have ejaculated
a. As a general rule, the vaginal canal of a virgin is inside the vagina
tight and the rugosities are sharp and prominent. - delayed vaginal examination (most
The sharpness of these rugosities are investigators do not test for its presence
diminished by insertion of foreign bodies, if the incident occurred more than 72
passage of clotted blood, self-mαήipulation, etc., hours earlier)
and not by sexual intercourse e. The mere presence of spermatozoa on the
b. The condition of both labia is not a reliable basis stain shows the presence of spermatic fluid,
in determining virginity; rather it is more related but the absence of spermatozoa does not
to the general physical condition of the woman. prove that the stain is not seminal.
A stout woman usually can preserve the plump, f. The presence of one complete, unbroken
coaptated and firm labia while in a slim woman spermatozoon is sufficient to make the
usually the gaping labia. conclusion that the stain or fluid is seminal.
c. Fourchette (a V-shape appearance as the two g. If the offender is the father of the girl who is
labia minora unite posteriorly) has a sharp acute of tender age, it is not necessary that there
angle configuration. Its roundness becomes are signs that she put up a determined
prominent during frequent stretching apart of the resistance.
thighs. h. The lack of medical examination of the victim
d. Physicians give much attention in the is not an indispensable element in the
examination of the hymen in the determination prosecution of the crime of rape. Whether or
of virginity. The fact that the hymen is intact not it will prosper will depend on the evidence
does not prove absence of previous sexual offered.
intercourse and the presence of laceration does i. If the offender is suffering from venereal
not prove defloration. disease which is transmitted to the victim
e. The determination as to how long the hymen during the criminal act, the crime committed
laceration took place can be approximated by is rape with physical injuries because
the changes observed in the lacerated hymen: infection in law is a physical injury.
24 hours – swelling and fibrin
formation
4 – 10 days – wound healed, edges ABORTION: Definition- (Legal) willful killing of the
coaptated with minimal swelling fetus in the uterus, or violent expulsion of the fetus
2 – 3 wks – wound healed, edges from the maternal womb, which results to the death
coaptated, no swelling of the fetus, at any time before term. (Medicine)-
f. To prove that there is injury to the hymen is not expulsion of the contents of a gravid uterus with an
imperative for a successful prosecution of a age of pregnancy of 20 weeks or a weight of 500
rapist. Penetration is not necessary for rape to grams, a time before the fetus reaches viability (7
be consummated. Mere touching of the genital months)
parts of the victim is considered consummated.
1. Missed Abortion-a fertilized ovum destroyed
On Sex Crimes: by hemorrhage usually during the first
a. For the consummation of rape, it is not trimester of pregnancy.
necessary that there be rupture of the 2. Threatened Abortion- Hemorrhage in the
hymen. It is enough that the labia was early stage of pregnancy without dilatation/
penetrated. opening of the cervix.
b. The absence of spermatozoon in the vagina 3. Inevitable Abortion- Hemorrhage in the
does not negate the commission of rape. early stage of pregnancy with dilatation /
c. The finding of spermatozoa is proof of sexual opening of the cervix.
intercourse for there is no other way the 4. Incomplete Abortion- not the entire product
spermatozoa can get there unless the victim of conception has been expelled from the
had a donor insemination for infertility. uterus. This usually results to the non-
d. A positive result does not definitely imply contraction of the uterus and consequently
that the person is the owner of the semen in uncontrolled bleeding.
question. A negative result does not mean 5. Complete Abortion- the whole product of
anything. Various reasons may explain this: conception has been expelled.
- the assailant had no sperm

-criminator_budz// Subject: Forensic Medicine


Saint Mary’s University_Criminology Review Center 9
Subject: Forensic Medicine

6. Partial Birth Abortion-partial vaginal FAMILY RELATIӨNS


delivery of a living fetus before killing the  Legitimate children- those born in lawful
fetus and completing the delivery thereafter. wedlock or within 300 days after the dissolution
7. Spontaneous / Natural Abortion- occurs of marriage provided there be no physical
without any form of inducement or impossibility of the husband having access to the
intervention. wife within the first 120 days of the 300 days
8. Induced Abortion- occurs with the presence preceded the birth of the child.
of some form of inducement or intervention.  Illegitimate children- those who were born out
9. Criminal Abortion- done without any of lawful wedlock or after a competent time after
therapeutic indication but with criminal intent its dissolution.
10. Therapeutic Abortion- done for medical
reasons when danger exists on the life of the Essential Requisites of Marriage:
mother. Medical treatment initiated to help 1. Male and a female at least 18 years of age
the mother may have unintended effects on 2. Consent freely given in the presence of
the fetus. solemnizing officer(Note: a defect in these
11. Post-Mortem Abortion- During the stage of essential requisites shall render the marriage
putrefaction, it is possible that the product of voidable i.e. the marriage is valid until annulled
conception in the early stages of pregnancy and all offsprings will be considered legitimate)
can be expelled due to the increasing intra-
uterine pressure brought about by the Formal Requisites of Marriage:
increasing quantity of gases within as a result 1. Authority of solemnizing officer
of decomposition. 2. Valid marriage license
3. Marriage ceremony where contracting parties
A fetus is considered born if: (Family Code on must appear personally before the
Natural Persons, Art. 41) solemnizing officer (Note: an irregularity in
1. it is alive upon delivery these formal requisites shall not affect the
2. it is completely delivered from the mother’s marriage validity but both parties can be
womb made civilly, criminally and administratively
3. if the fetus had an intra-uterine life of less than liable)
7 months and it lives beyond 24 hours after its
complete delivery from the maternal womb Impotency- inability to have sexual intercourse;
inability of the male organ to copulate
Stillbirth when a fetus has not breathed or has not (no erection, no ejaculation)
shown any sign of life after being completely born. Sterility- inability to procreate.

Characteristics of the Crime of Infanticide: BATTERED WOMEN SYNDROME:


1. Often committed by the mother.
2. Almost always committed in the home. 2 Components-
3. The crime scene shows no disturbance, no
witnesses and no noise or outcry. 1. Cycle Theory of Violence
4. Trauma is minimal. a. Tension Building Period- abuser’s
5. Newly born child was born dead. personality changes (jealous,
temperamental, blames others); abuser may
Post-Mortem Findings in Infanticide: limit spouse’s activities. Abuser dependent
1. Presence of marks of physical violence on chemical substances.
2. Signs of irritation (swelling, reddish coloring b. Explosion / Acute Battering Period-
of the inner surface, minimal bleeding of the
physical injuries sustained by spouse and
surface) in the mouth or portion of the
probably children.
alimentary system
c. Loving Contrition Period- Honeymoon
3. Lungs may show minute bleeding or signs of
phase. Woman tends to be the peacemaker
drowning
in the relationship. She realizes the adverse
4. Fracture of the bone(s) in the extremities,
economic consequences if she leaves.
chest or neck

-criminator_budz// Subject: Forensic Medicine


Saint Mary’s University_Criminology Review Center 10
Subject: Forensic Medicine

2. Theory of Learned Hopelessness - Woman Poisoning


feels resigned to the situation which is beyond
her control. Woman may resort to injurious Certain breath odors can be associated with drugs/
situations to defend herself. Woman must be chemical substances:
shown to have gone through the cycle at least
twice for this syndrome to exist.  Bitter almonds – cyanide
 Fruity odor – Diabetic ketoacidosis, isopropyl
Psychological Stages: alcohol
a. Deήiαl- woman refuses to admit there is a  Oil of wintergreen – Methylsalicylate
problem in her marriage.
 Rotten egg – Sulfur dioxide, hydrogen sulfide
b. Guilt- woman acknowledges there is a
 Pears – Chloral hydrate
problem, but considers herself responsible
for it.  Garlic – Arsenic, Organophosphates,
c. Enlightenment- woman no longer assumes Dimethyl Sulfoxide
responsibility for husband’s treatment. She  Mothballs - Camphor
stays with husband hoping they can work
things out.
d. Responsibility- woman realizes husband
will not or cannot stop his violent behavior.
She decides she will no longer submit to it
and starts a new life.

ALCOHOLISM

Blood Alcohol Levels:

 Less than 5 mg% - Not under the influence of


alcohol
 5 – 10 mg% - Not intoxicated
 10 – 20 mg% - Possibly intoxicated; stage of
excitement; physical well-being
 50 mg% - Talkativeness; argumentative; eyeball
congestion
 100 mg% - Intoxicated; unfit to drive; loss of
critical judgment
 150 mg% - Stage of incoordination
 150 – 300 mg%. Walking is impossible; mental
confusion; slurred speech
 300 mg% - Coma or stage of narcosis; slow
breathing
 400 mg% - Death may occur

-criminator_budz// Subject: Forensic Medicine

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