Forensic Difference Between Real Rape and Fake Rape Allegation

Abstract

Rape followed by murder is one of the most inhuman criminal acts ever committed. Rape victims are basically found in all generations of women, be it a child, sister, wife, mother, or a prostitute. The testimony of the Rape victim overpowers other evidence in the court of law. Sexual intercourse forcefully without the consent of the opposite respective gender is called Rape. According to statistics, 94% of the cases between the victim and the offender knew each other. In India out of four rape cases only one is convicted, according to statistics. Forensically the examination of the victim’s body must be done within 48 hours. During the lockdown also the crime against women has been reported in different parts as well as in the different generations of women. As many cases constitute a victim-offender known relation, he might be any friend, relative, father. Some cases are seen of fake rape allegations by the victim, after having intercourse with rightful consent blames the opposite respective partner as a sexual assaulter or a rapist. Sometimes, the investigation is misled by the victim and their families, often seen among the sibling who fights for the property. An investigator should always believe in his knowledge and skills. It’s important to know the difference between a fabricated crime scene and a real crime scene. Interpretation of the evidence is very crucial, where evidence plays a vital role. Biological evidence is sometimes misinterpreted due to a lack of experience. For example, a cigarette bud which was present in the crime scene which may belong to any other person rather than the criminal. As a crime scene investigator, it always important to keep in mind the law of probability. In cases of Rape when a condom is used, traces of condom lubricants can be found in genital parts of the victim. Even the condom lubricant is found in the instrumental analysis of Fingerprint Residue, of the offender. Testimony of the victim and the injury marks must be correspondent. In the case of a rape trauma victim, they are sometimes unable to recall the incident, but as an examiner, you must be well aware of the true signs and symptoms of trauma. In Gang Rape cases a mixed sample of seminal fluid is obtained consists of a mixed sample. In the Pandemic Period, we have come across news of various Rape cases, Including Juvenile, prostitutes. Even it is seen that in most cases, offenders are either uneducated, Minor, or belong to a high position in society where they misuse their power.