El surgimiento de la correspondencia generalizada

Virginity – is a condition of a female who has not experienced sexual intercourse and whose genetalia have not been altered by carnal connection.

Virtuous female - If her body is pure and if she have never had any sexual intercourse with another, though her mind and heart is impure.

A woman is considered to be virgin if she is unmarried and of good reputation. Defloration – is the laceration of the hymen as a result of sexual intercourse. Duration of Laceration:

1. Fresh bleeding laceration – recent origin

2. Fresh healing with fibrin formation and with edema of the surrounding tissue – after 24H

3. Healed laceration with congested edges and with sharp coaptible borders. – 4 days to 10 days.

4. Healed laceration with sharp coaptible borders without congestion >10 days or 2 or 3 weeks.

5. Healed laceration with rounded non-coaptible borders and retraction of edges > a month

Rape: By having carnal knowledge:

1. By using force or intimidation – manifested and tenacious resistance. 2. Deprive of reason, unconscious – insane, under alcohol, drugs

3. Under 12 y.o.- Statutory rape, even if prostitute, or with consent. Even if woman is unchaste.

Carnal knowledge: is the act of a man in having sexual bodily connection with a woman, even with slightest penetration.

Absence of sperms does not negate the commission of the crime of rape. The following specimens may be examine for seminal fluid and sperms:

1. Wearing apparel of the victim and the alleged accused. 2. Vaginal smear from the victim.

3. Stains on the body of the victim and of the accused. 4. Stains found at the site of the commission of the offense.

Examination of seminal fluid and sperms: 1. Gross examinations

2. Micro-chemical examinations a. Florence test

b. Berberior’s test – specific of spermatic fluid. c. Puramen reaction

d. Acid phosphatase test 3. Microscopic examinations

a. Dr. Hankin’s method b. Ganguli’s method 4. Biological examinations

a. Precipitin test ( Biological test of Farnum) semen is of human origin b. Seminal grouping

OTHER CRIMES OF CHASTITY:

1. Seduction – Is the act of a man enticing women to have unlawful Intercourse

- With means of persuasion, solicitation, promises or bribes or other means without employment of force.

- A virgin over 12 y.o. but below 18 y.o.

- With the use of abuse of authority or confidence.

2. Acts of lasciviousness – are acts which excite lust, wanton conduct, lewd

- Embracing, kissing, holding woman’s breast - Under 12 / 12 -18 y.o.

3. Abduction – carrying away of a woman by an abductor with lewd design. - Under 12 y.o. still forcible abduction even if with consent.

4. Adultery – Married woman committed intercourse with a man not her husband and knows she is married.

5. Concubinage – any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse under scandalous

circumstances with a woman not his wife or cohabit with her in any other place.

The fetus is considered born:

- If it is alive at the time it is completely delivered from the mother’s womb. - If the fetus had an intra-uterine life of less than 7 months, it is not deemed

born if it dies within 24H after its complete delivery from the maternal womb.

Paternity - civil status of the father with respect to the child begotten by him. Filiation – civil status of the child in relation to its mother or father.

Legitimate children – are those who were born on lawful wedlock or within 300 days after the dissolution of marriage.

Children born after 180 days following the celebration of the marriage and Before 300 days following the dissolution or the separation of the spouses shall be presumed to be LEGITIMATE. Provided there is no physical impossibility of the husband having access to his wife.

Impotency – is the physical incapacity of either sex to allow or grant to the other legitimate sexual gratification.

Sterility – is the loss of power of procreation and is absolutely independent of whether or not impotence is present.

INSANITY:

= Sociological concept: is the persistent inability through mental causes to adapt oneself to the ordinary environment.

= Medicine : is the prolonged departure of the individual from his natural mental state arising from bodily disease.

= Law : the relation of a person and the particular act which is the subject of the judicial investigation.

FEIGNED INSANITY TRUE INSANITY 1. Develops suddenly Insiduously

2. No peculiar facial expression Commonly observes

3. Symptoms complete, numerous Not refer to a specific disease 4. Violent exertion – exhausted No exhaustion

1. Earlier test for insanity

a) Wild Beast Rule - a person is exempted from criminal

liability if he is totally deprived of his understanding and memory and knows no more than an infant, a brute or a wild beast of what he is doing.

b) Delusion Rule – a person is not responsible for his act if he is suffering from delusion although he knows that he is wrong.

2. Later tests for insanity

a. McNaghtens’s Rule – a defense on the ground of insanity can be

established if it can be proven that at the time of committing the act;

a.1 The accused was laboring under such defect of reason or from a disease of the mind as not to know the nature and quality of the act he was doing or;

a.2 If he did know, he did not know what he was doing was wrong.

b. Irresistible Impulse Rule – a person is considered insane when mental

disease has rendered him incapable of restraining himself, although he understands what he is doing and knows it is wrong.

c. Durhams Rule – The accused is not criminally responsible if his act was

the product of mental disease or mental defect.

d. Currens rule – In order to make the accused not responsible for his act it must be proven that at the time of committing the prohibited act the defendant, as a result of mental disease or defect, lacked substantial capacity to conform his conduct to the requirements of the law which he allegedly violated.

e. American Law Institute Rule

e.1 A person is not responsible for his criminal conduct is at the time of such conduct as a result of mental disease or defect he lacks the essential capacity to appreciates the criminality of his conduct or to conform his conduct to the requirements of the law.

e.2 The term” mental disease or defect” does not include as abnormality manifested only by repeated criminal or otherwise anti-social conduct.