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ISLAMIC MEDICAL EDUCATION RESOURCES 04

30.4 FORENSIC EVIDENCE IN SEXUAL CRIMES

By Professor Omar Hasan Kasule Sr.

The use of forensic science in solving sexual crimes had a very interesting beginning in the ummat. A woman was very fond of one ansari and tried all means to seduce him with no success. She decided to take her revenge by accusing him of raping her. She put some egg albumin on her clothes and between her thighs to appear like semen. Omar Ibn al Khattab had at first believed the woman but on consulting Ali the judgment was changed. Ali carried out a simple forensic test by pouring hot water on the alleged semen to remove it from the cloth. He then tasted it and discovered that it was egg albumin and nor semen. The woman confessed her deception. Forensic science can assist shariat courts establish facts in cases of rape (DNA analysis), fornication; abnormal sexual acts; takhannuth; and istirjaal. Proof of penetration in rape may not be easy in women who have had prior sexual experience. The physician will look for signs of trauma, tearing of the hymen, and deposition of semen. DNA analsysi helps identify the assailant. Proof of impotence may be introduced as evidence against accusation of rape. The hadd of zina cannot be established on the basis of forensic findings. It must be based on 4 credible witnesses who can describe the illegal sexual act. Pregnancy tests can be introduced as evidence in cases of alleged fornication or rape. Medical proof of virginity may be needed in cases of alleged fornication. Recent abortion may be proved by physical and hormonal examinations.

(c) Professor Omar Hasan Kasule Sr. 2004