LEGAL MEDICINE CHILD ABUSE- It is the physical and mental injury or maltreatment of a child by a person who is responsible for

the childs welfare, under circumstances which will indicate that the childs health or welfare is harmed or threatened thereby. The infliction must be willful and not incidental. TYPES OF CHILD ABUSER: 1. Intermitent Child Abuser 2. One-time Child Abuser 3. Constant Child Abuser 4. Ignorant Abuser VIRGINITY- Is a condition of a female who has not experienced sexual intercourse and whose genital organs have not altered by carnal connection. KINDS OF VIRGINITY: 1. Moral Virginity- the state of not knowing the nature of sexual life and not having experienced sexual relation. Moral virginity applies to children below the age of puberty and whose sex organs and secondary sex characters are not yet developed. 2. Physical Virginity- a condition whereby a woman is conscious of the nature of sexual life but has not experienced sexual intercourse. a. True Physical Virginity- a condition where the hymen is intact b. False Physical Virginity- a condition where the hymen is unruptured but the orifice is wide and elastic to admit two or more fingers. 3. Demi-Virginity- this term refers to a condition of a woman who permits any form of sexual liberties as long as they abstain from rupturing the hymen by sexual act. 4. Virgo Intacta- literally the term refers to a truly virgin woman; that there are no structural changes in her organ to infer previous sexual intercourse and that she is a virtuous woman. PARTS OF THE FEMALE BODY TO BE CONSIDERED IN DETERMINATION OF THE CONDITION OF VIRGINITY: 1. Breasts 2. Vaginal Canal 3. Labia Majora and Labia Minora 4. Forchette- a V-shape appearance as the two labia minora unite posteriorly. 5. Hymen

DEFLORATION- Is the laceration or rupture of the hymen as a result of sexual; intercourse. All other lacerations of the hymen which are not caused by sexual act not considered as defloration. PROSTITUTES- are woman who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct. PREGNANCY- is the state of a woman who has within her body a growing product of conception or a fecundated germ. LEGAL IMPPORTANCE OF THE STUDY OF PREGNANCY: 1. Pregnancy is a ground for suspension of the execution of the death sentence in a woman, Art 83 of the RPC 2. A conceived child is capable of receiving donation, Art 742 of the Civil Code 3. A conceived child may exercise civil rights. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mothers womb. However, if the foetus had an intra unterine life of less than seven months, it is deemed born if it dies within 24 hours after its complete delivery from the maternal womb. 4. Concealment of a woman that she is pregnant at the time if the marriage is a ground for annulment of marriage. DURATIONOF PREGNANCY: The average duration of pregnancy is 270 to 280 days from the onset or the last menstruation. PUERPERIUM- is the interval between the termination of labor (delivery) to the complete return of the reproductive organ to its normal nonpregnant state. Puerperium usually last from 6 to 8 weeks. ABORTION- willful killing of the fetus in the uterus, or violent expulsion of the fetus from the maternal womb and which results to the death of the fetus. KINDS OF ABORTION: 1. Spontaneous or Natural Abortion- without any form of inducement. 2. Induced Abortion a. Therapeutic Abortion- abortion done purposely to preserve the life of the mother. b. Criminal Abortion LEGAL IMPORTANCE OF THE STUDY OF BIRTH: 1. Birth determines personality.

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2. 3. Appearance of a child is a ground for revocation of donation. Proof of live-birth must first be shown before death of the child by prosecution in the case of infanticide. e. f. g. h. A witness to a will must be of sound mind. Insanity of the testator is a ground for disallowance of a will An insane cannot give consent to a contract The guardian or the insane himself, if there is no parent or guardian shall be held liable for damages due to his insanity.

PROOF OF LIVE-BIRTH 1. Well-developed signs of breathing 2. Presence of air and food in the stomach 3. Changes having taken place in the region of the umbilicus. 2. ELEMENTS OF INFANTICIDE: 1. That the child was born 2. That the child was deliberately killed 3. That the child killed was less than three (3) days old. PATERNITY is the civil status of the father with respect to the child begotten by him. FILIATION is the civil status of the child in relation to its mother and father. IMPOTENCY- is the physical incapacity of either sex to allow or to grant to the other legitimate sexual gratification. A person may be impotent but not sterile, or sterile but not impotent although both conditions may exist at the same time. LEGAL IMPORTANCE OF IMPOTENCY: 1. Impotency, if proven will, will overthrow the presumption of legitimacy. 2. Impotency may be a ground for annulment of marriage. 3. Impotency may be a defense in rape 4. Impotency may be a cause for the development of abnormal sexual behavior. 5. Impotency may be a cause for the development of suicide tendency. STERILITY- is the lack of power of procreation and is absolutely independent of whether or not impotence is present. INSANITY (on civil law) unsoundness of mind sufficient to render a person unfit to maintain a contractual or other legal relationship or to warrant commitment to a mental hospital. LEGAL IMPORTANCE OF INSANITY: 1. In the Civil Code: a. Insanity is a restriction on the capacity of a natural person to act. b. Insanity modifies of limits the capacity of a natural person to act. c. Insanity at the time of marriage of any or both parties is a ground for the annulment of marriage. d. A testator must be of sound mind at the time of execution of a will. 3.

In the Revised Penal Code: a. Insanity exempts a person from criminal liability b. A person who becomes insane after final sentence will suspend his execution. In the Rules of Court: a. A guardian on the person of the insane must be appointed. b. An insane cannot be a witness in court.

CLASSIFICATION OF MENTAL RETARDATION: 1. Profound 2. Severe 3. Moderate 4. Mild MALINGERING- is the feigning or simulation of a decease or injury characterized by ostentation, exaggeration and inconsistency. TYPES OF MALIGERING: 1. Feigned or Fictitious Malingering 2. Factitious Malingering POISON- a substance which, if applied or administered internally, has been applied or administered with the intention to kill or to do harm. CAUSES OF DEATH IN ALCOHOLICS: 1. Acute Alcoholic Intoxication 2. Hidden Trauma 3. Unexpected Aspiration of Food 4. Poisoning by Congener or Contaminants in Alcoholic Beverages: a. Methyl Alcohol b. Isopropyl Alcohol c. Ethylene Glycol and/or Diethylene Glycol 5. Disease Associated with/or as a complication of Alcoholism.