Text-book of forensic medicine and toxicology

by R. J. M. Buchanan

VIRGINITY

Fig. 22.—Deflorated hymen, after parturition, in adult woman.

(Glaister.)

There is no one sign which may be considered as an absolute test for virginity. The presence or absence of the hymen is of no probative value one way or the other. Its very existence has been denied by Paré, Buffon, and others. It may be absent as the result of disease, or as the result of a surgical operation to allow of the free discharge of the menstrual flow. Its presence is no bar to conception; and cases are on record where it has been found necessary to incise it, to allow of the passage of the fœtus into the world. In fact, women who have been prostitutes for years have possessed to the last uninjured hymens. The changes in the breasts which proceed from impregnation do not occur where only defloration has taken place. The rugose condition of the vagina is only affected by the first birth, and not by sexual intercourse.

What has been said of the above signs as tests for virginity may be said of a host of others which from time to time have, with varying success, been advanced as aids to the diagnosis. Casper, however, considers “that where a forensic physician FINDS A HYMEN STILL PRESERVED, EVEN ITS EDGES NOT BEING TORN, AND ALONG WITH IT—in young persons—A VIRGIN CONDITION OF THE BREASTS AND EXTERNAL GENITALS, HE IS THEN JUSTIFIED IN GIVING A POSITIVE OPINION AS TO THE EXISTENCE OF VIRGINITY, and vice versa.”

CHAPTER XII
PREGNANCY

It not infrequently happens that a medical man is called upon to make an examination of a woman for legal purposes, in order to decide—(a) The existence of an alleged pregnancy. (b) The possibility of a previous pregnancy. (c) As to the existence of concealed pregnancy.

The following are some of the reasons why pregnancy may be feigned:

1. By a married woman, to gratify the desire of her husband for issue.

2. To influence the jury in a case of breach of promise of marriage as to the assessment of the damages.

3. To extort money from a seducer or paramour.

4. To produce a spurious heir to property.

5. By a single or married woman, to stay the infliction of capital punishment.

Pregnancy may be concealed—(a) In order to procure abortion. (b) In order to commit infanticide. (c) In the married and the unmarried, to avoid disgrace.

Besides the above, other important questions may arise with regard to this state:

1. Is pregnancy possible as the result of coïtus in a state of unconsciousness?—There appears no reason for doubting the possibility of this occurrence.

2. Can pregnancy occur before the appearance of the catamenia?—That pregnancy may occur before menstruation is undoubted; and it appears probable that the changes in the ovaries and uterus may go on at the regular monthly periods, and yet there may be no discharge of blood from the uterus, which, as pointed out by Bischoff, is only a symptomatic though usual occurrence. Hence, pregnancy is possible prior to menstruation.

3. What is the earliest and latest age at which pregnancy is possible?—In our climate (Britain), the earliest age at which pregnancy may occur is about the eleventh or twelfth year; but the youngest age at which this condition is reported to have occurred is nine years (Meyer). In hot climates—as in Bengal—mothers under twelve years of age are by no means rare. Cohabitation in marriage takes place much earlier in India than in Europe, but Chevers doubts if menstruation naturally occurs much sooner there than elsewhere, and Baboo Modusoodun Gupta believes that the catamenia appear sooner or later, according to the mode of living of the females, and the sexual excitement to which they may be subjected. Thomas mentions the case of a girl who menstruated regularly from the age of twenty-one months, and also of another at eight months. The limit to child-bearing appears to be between the fiftieth and fifty-second years; but even here considerable variation has been recorded, and women have been delivered of children at the age of sixty. Haller even reports one at seventy. As long as menstruation continues a woman may become pregnant; but even the cessation of this flow for some months is no bar to conception.

4. Is it possible for a woman to become pregnant eight weeks after her last confinement?—This is undoubtedly possible, but it is of rare occurrence. It is also probable that a woman may abort at the end of the time above mentioned. Husband knew a woman, who for several years bore a child every ten months.

At common law, in cases of disputed inheritance, the following may occur, and give rise to the necessity for medical evidence on the subject: A woman who has just lost her husband may disappoint the expectant heirs to an estate by alleging that she is pregnant.

At criminal law, pregnancy may be used as a stay to the infliction of capital punishment.

In the first case, a jury of matrons is impanelled by a writ de ventre inspiciendo, to decide the existence of pregnancy, and if the fact be proved, to watch till such time as she be delivered.

In the second case, in England, the pregnancy must be proved, and also whether she be quick with child. In Scotland the pregnancy must be proved, but without reference to quickening, and the jury of matrons is unknown in that country. In the same country, if it can be shown that a woman is pregnant, and that her life or that of the child is endangered by her imprisonment, she may be admitted to bail till after delivery. A pregnant female also cannot be compelled to appear and give evidence, if on competent authority it be shown that her delivery will probably take place at the time fixed for the trial.