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Forensic Medicine · Sexual offences and forensic psychiatry: extent of penetration
Sample itemA woman alleges that a man penetrated her briefly before she pushed him away. No semen or genital injury is found, and he argues that rape needs complete penetration with ejaculation. What is the legal position?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
D. Penetration to any extent is sufficient, and emission of semen is not required
In Indian law the definition of rape is satisfied by penetration to any extent. Complete penetration, ejaculation and injury are not required, so their absence does not exclude the offence.
Option by option
A. Complete penetration is required for the offence
Complete penetration is not demanded by the definition.
B. Genital injury must be proved
Injury may be absent and is not an ingredient.
C. Emission of semen inside the vagina is required
Ejaculation is not an ingredient of the offence.
D. Penetration to any extent is sufficient, and emission of semen is not required (correct)
Correct. Even slight penetration completes the offence, whether or not semen was emitted.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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