RAPE

If a man is caught in the act of raping a young woman who is not engaged, he must pay fifty pieces of silver to her father. Then he must marry the young woman because he violated her, and he will never be allowed to divorce her. (Deuteronomy 22:28-29 NLT) What kind of lunatic would make a rape victim marry her attacker? What kind of law does the Bible told people with regards to ravished victims? Does law of men has a better refuge with regards to this matter? In Biblical law, rape was in reference as to taking a wife. Contrarily, the law of men define this as a crime. And in the Philippine law, the court punishes those guilty of committing rape from imprisonment to death. It seems that it makes a better refuge to those victims. Rape is defined as an act of seizing by force: sexual intercourse with a woman without her consent (Webster Dictionary). Under Revised Penal Code (RPC) Art 335, it identified the qualifying circumstances when a man commits a rape to a woman. However, RA No. 8353 known as The Anti-Rape Law of 1997 was enacted amending this provision in RPC and reclassifying rape from crime against chastity to crime against personand expanding the definition of the crime of rape. Under this law, rape is committed 1. By a man who shall have a carnal knowledge of a woman under any of the following circumstances: a. Through force, threat or intimidation; b. When the offended party is deprived of reason or is otherwise unconscious; c. By means of fraudulent machination or grave abuse of authority; d. When the offended party is under twelve years of age or is demented, even though none of the circumstances mentioned above be present; 2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another persons mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. The first paragraph was expanded from three circumstances on the previous provision with a second paragraph as added in the definition of committing this crime. In paragraph 1, there must be sexual intercourse. The absence of spermatozoa does not negate the commission of rape, the presence or absence of spermatozoa being immaterial in the rape case, as it is well-settled that it is penetration, however slight, and not ejaculation that constitute rape. (People vs. dela Paz, Jr., 299 SCRA 86) Circumstances present in constituting rape. When rape is commissioned when a man poked his knife against the woman and told her to stand up and lie down adjacent to the sofa. Thereafter, the man removed her panty and had sex

with her. All at that time, the knife was pointed at her neck. (People vs. Edgar Legaspi Y Libao, G.R. No. 136164-65. April 20, 2001) When accused father tied her right leg to the bedpost and the victim struggle to raise her leg. Threatened and hit by a fist blow in abdomen, the victim just kept still. (People vs. Rodolfo Rodriguez G.R. No. 138987. February 6, 2002) In the absence of violence or offer of resistance, it would not affect the outcome of the case because the overpowering and overbearing moral influence of the father over his daughter takes the place of violence and offer of resistance required in rape cases committed by an accused who did not have blood relationship with the victim. (People vs. Maglente, G.R. No. 179712. 27 June 2008) Rape is proven by reasonable testimony of a victim. The inconsistencies pointed to the accused by the minor does not weaken the credibility of the victims testimony. It is understandable to a girl that she may not remember the minor details of her forced initial sexual congress considering how traumatic and harrowing it was. What is important is that she remember the material details the sexual assault upon her. (People vs. Rodolfo Rodriguez, G.R. No. 138987. February 6, 2002) Testifying but with inconsistencies in facial features or recognizing the accused does not affect the credibility of testimony. The victims positive identification of the accused-appellant as her assailant is enough. (People vs. Edgar Legaspi Y Libao, G.R. No. 136164-65. April 20, 2001) Judgment of conviction for the crime of rape cannot be based on the testimony of the offended party unless such testimony is clear, positive and convincing, or supported by other undisputed facts and strong circumstantial evidence disclosed by the record otherwise the accused would be acquitted (People vs. Josan Poblador, G.R. No. L-44129 April 29, 1977). Consummated rape For the consummation of the crime of rape, it is not essential that there be a complete penetration of the female organ; neither is it essential that there be a rupture of the hymen. (The Revised Penal Code Book 2 by Luis Reyes, pg. 530) In a ruling in People vs. Campuhan, it discusses that there must be sufficient and convincing proof that the penis indeed touched the labias or slid into the female organ, and not merely stroked the external surface thereof for the accused to be convicted of consummated rape. (People vs. Campuhan, G.R. No. 129433. March 30, 2000) Frustrated rape On 3 April 1990 this Court in People v. Orita, did away with frustrated rape and allowed only attempted rape and consummated rape. In Orita, it held that rape was consummated from the moment the offender had carnal knowledge of the victim since by it he attained his objective. All the elements of the offense were already present and nothing more was left for the offender to do, having performed all the acts necessary to produce the crime and accomplish it. (People vs. CeilitoOrita alias "Lito", G.R. No. 88724, 3 April 1990, 184 SCRA 105)

Attempted rape Jurisprudence dictates that the labia majora must be entered for rape to be consummated, and not merely for the penis to stroke the surface of the female organ. Thus, a grazing of the surface of the female organ or touching the mons pubis of the pudendum is not sufficient to constitute consummated rape otherwise it is attempted rape contemplated under this case. (People vs. Campuhan, G.R. No. 129433. March 30, 2000) Does a woman can also commit a crime of rape or there could also be a rape in samesex? Under second paragraph, a rape can be committed by any person provided that circumstances in the paragraph 1 is present. This was a modification from RPC Art 335 wherein only a man can commit a rape against woman. What other kind of rape is distinguished in the second paragraph? A sexual assault: a. By inserting his penis into another persons mouth; b. By inserting his penis into anal orifice; or c. By inserting any instrument or object, into genital or anal orifice of another person. Previously, inserting his penis into the girls anal orifice when his attempt in inserting it in vagina failed was counted as an act of lasciviousness.(People vs. Jessie Ventura Collado, G.R. Nos. 135667-70. March 1, 2001) When is rape punished by death? The penalty of death shall be imposed for rape in the following cases: 1. When by reason or on occasion of the rape, homicide is committed; 2. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; 3. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution; 4. When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity; 5. When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime; 6. When the victim is a child below seven (7) years old; 7. When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;

8. When committed by any member of the Armed Forces of the Philippines or paramilitary units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime; 9. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability; 10. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and 11. When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime. (Emphasis supplied). When is rape punished by reclusion perpetua to death? 1. Whenever the rape is committed with the use of a deadly weapon or by two or more persons; 2. When by reason or on the occasion of the rape, the victim has become insane; 3. When the rape is attempted and a homicide is committed by reason or on the occasion thereof; (Emphasis supplied). Other penalties for the crime of rape. 1. Rape under paragraph 2 of the article shall be punished by prision mayor; 2. Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal. 3. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal. 4. When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua. 5. When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua. 6. Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in this article. Indemnity in rape. As to the amount of damages, the Court finds as correct the award of P50,000.00 as civil indemnity and P50,000.00 as moral damages in line with prevailing jurisprudence. (People vs. Antonio Dalisay Y Destresa, G.R. No. 188106. November 25, 2009)

People vs.Primo Campuhan y Bello G.R. No. 129433 March 30, 2000 Fact: On 25 April 1996, at around 4 o'clock in the afternoon, Ma. Corazon P. Pamintuan, mother of four (4)-year old Crysthel Pamintuan, went down from the second floor of their house to prepare chocolate drinks for her two children. At the ground floor she met Primo Campuhan who was then busy filling small plastic bags with water to be frozen into ice in the freezer located at the second floor. As Corazon was busy preparing the drinks, she heard one of her daughters cry, "Ayo'ko, ayo'ko!" prompting Corazon to rush upstairs. Thereupon, she saw Primo Campuhan inside her children's room kneeling before Crysthel whose pajamas or "jogging pants" and panty were already removed, while his short pants were down to his knees. According to Corazon, Primo was forcing his penis into Crysthel's vagina. Upon examination, the medico-legal shown no evident sign of extra-genital physical injury was noted on Crysthel's body as her hymen was intact and its orifice was only 0.5 cm. in diameter. Physical examination of the victim yielded negative results. In consideration to Orita case, the Court held that entry of the labia or lips of the female organ, even without rupture of the hymen or laceration of the vagina, was sufficient to warrant conviction for consummated rape. Thus, on 27 May 1997 Primo Campuhan y Bello was found guilty of statutory rape and sentenced by the court a quo to the extreme penalty of death, hence automatic review was in a case before the court. Issue: Whether or not mere touching of the external genitalia by penis constitutes a consummated rape. Ruling: No it is not. The act of touching should be understood here as inherently part of the entry of the penis into the labias of the female organ and not mere touching alone of the mons pubis or the pudendum. Jurisprudence dictates that the labia majora must be entered for rape to be consummated, and not merely for the penis to stroke the surface of the female organ. Thus, a grazing of the surface of the female organ or touching the mons pubis of the pudendum is not sufficient to constitute consummated rape. In cases where penetration was not fully established, the Court had anchored its conclusion that rape nevertheless was consummated on the victim's testimony that she felt pain, or the medico-legal finding of discoloration in the inner lips of the vagina, or the labia minora was already gaping with redness, or the hymenal tags were no longer visible. In cases of rape where there is a positive testimony and a medical certificate, both should in all respects complement each other. Thus, sentence of death penalty was modified. He instead found guilty of attempted rape. People vs. JosanPoblador G.R. No. L-44129 April 29, 1977 Fact: A unique feature of this prosecution for rape was the fact that the accused, a young man in his early twenties, was alleged to have assaulted a woman in her middle forties, with eleven children, some of them young girls above the age of puberty, right at a room in her house likewise occupied by another man, with her husband and other members of the family in the immediate vicinity.

The appellee testified that she slept with the accused and she ravished with point of a gun on her chest inside a room. Upon orders of Poblador, the woman complied in intimidation and she was ravished without struggle to defend her honor, much less make any outcry for help, not only to her husband but also to the neighbors whose houses because of fear as he had a gun; and having felt that having felt the urge to urinate, she stood up and urinated; that thereafter, she turned to the bed and Poblador again had intercourse with her. She stayed the whole night with the accused and Angelina's husband, who was in the sala near the door of the room which had no shutter, did not do anything during the time his wife was being raped, which he was witnessing, because another accused was pointing his gun at him. Furthermore, when his wife came out of the room to attend to the child, he asked her if Poblador succeeded in having sexual intercourse with her. A denial of the charge of rape by defendant Poblador, a 24-year old bachelor, who testified that he could not have embarrassed himself by having sexual intercourse with Angelina Baylon, an old woman of about 45 years of age whom he respected, much less do it in the presence of her husband, Dominador Baylon and he could not have forced her to have coition with him at the point of a gun, because he did not own a gun. Moreover, he was taken aback by the instant charge, which he later learned from Angelina herself that did so at the instigation and pressure made to bear on her by the CIS. Issue: Whether or not the crime of rape was proved beyond reasonable doubt on the accused. Ruling: The Court acquitted the accused. It was held that there must be proof beyond reasonable doubt. Failing that, he must be acquitted. The lower court, in considering the version of the prosecution, failed to exhibit that requisite measure of objectivity and detachment. It could be that the natural sympathy for a woman claiming to have been the victim of a man's lustful desires and the abhorrence such as an act provokes led him astray. A judgment of conviction for the crime of rape cannot be based on the testimony of the offended party unless such testimony is clear, positive and convincing, or supported by other undisputed facts and strong circumstantial evidence disclosed by the record. The accused have to be acquitted because the only evidence of their guilt was the uncorroborated, contradictory, and unconvincing testimony of the alleged victims. Thus, the Court acquitted the accused.

RAPE
Legal Research
Submitted by: Alvaro LorenoJr Submitted to: Gissle Gay CapaciteBallais Law I B