Rape

RA No. 8353 Art. 266-A Art. 266-B Art. 266-C Art. 266-D

Art. 266-A. Rape, When and How Committed. (paragraph 1) Rape is committed:
1.

By a man who shall have 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 reasons or is otherwise unconscious c. By means of fraudulent machination or grave abuse of authority d. When the offended party is under twelve(12) y.o. or is demented, even though none of the

Elements of Rape under Par 1

That the offender is a man That the offender had carnal knowledge of a woman

That such act is accomplished under any of the following circumstances a. By using force or intimidation; or b. When the woman is deprived of reason or otherwise unconscious; or c. By means of fraudulent machination or grave abuse of authority; or d. When the woman is under 12 years of age or demented.

That the offender had carnal knowledge of a woman.

Attempted rape perpetrator tried, with the intent to penetrate, to force a woman in engaging into the carnal act, but was unsuccessful Consumated rape- perpetrator tried, with the intent to penetrate, to force a woman in engaging into the carnal act, and succeeded in touching the inner part of the vagina

People vs. Campuhan

Facts: Campuhan was caught in flagrante in the attempt of raping a 4 years old girl. He was accused of statutory rape, and consequently convicted in the lower courts. Held: There was no evidence to prove that Campuhan succeeded in penetrating the girls vagina. It is necessary to carefully ascertain whether the penis of the accused in reality entered the labial threshold of the female organ to accurately conclude that rape was consummated. Thus, his penalty was reduced to only that of frustrated rape.

People vs. Orita

Facts: Ceilito Orita was accused of frustrated rape by the RTC accused poke a balisong to college freshman and undressed and mounted her appellant could not fully penetrate her as victim escaped victims physical examination revealed that she is still a virgin, The trial court convicted the accused of frustrated rape

Supreme Court Ruling:

The accused Ceilito Orita is found guilty of the crime of rape [consummated] and sentenced to reclusion perpetua as well as to indemnify the victim in the amount of P30,000.00. Rationale: A full penetration is not required for rape to be consumated.

That the act is accomplished using force and intimidation.

Force The force must be enough for the perpetrator to accomplish his purpose Offended woman should have at least tried to physically deter and refuse the deed If resistance is futile, offering none does not amount to consent

Intimidation-any acts or threats that produces fear, enough to make the victim yield to the perpetrator.
Moral Ascendancy or Influence is held to be a substitute for the element of force or intimidation.

When the woman is deprived of reason or otherwise unconscious.

If the victim has no will, it will fall under this category: Giving alcohol, drugs, potions (gayuma?) to reduce the womans ability to refuse. Woman is insane; or Unconscious (knocking her out), or lethargic due to sickness

FRAUDULENT MACHINATION OR GRAVE ABUSE OF AUTHORITY Art. 266-A, par. 1 (c)

When the offended party is under twelve (12) or demented

Any sexual intercourse with a girl below twelve years old or has an intelligence level of that below twelve years old is guilty of statutory rape, even if with or without consent. Note: The law does not consider that kind of consent voluntary as the offended party under 12 years old cannot have a will of their own.

People vs. Atante 196 SCRA 357

Glenda Aringo (complainant)--16 y/o and mentally retarded (intectual capacity between 9 and 12 y/o) Cesar Atento, 39 y/o,---accused of raping complainant in 5 separate occasions and impregnated her

SC Ruling: The Court his intetectual capacity to be the reason why, while a rape victim with normal intelligence, would have said that the attack on her caused her much physical pain and mental agony, Glenda naively declared that Atento's sexual organ in hers gave her much pleasure (masarap). It is worth observing that Glenda's child was born on December, nine months after her rape in April, and that, according to the trial judge, there was a remarkable resemblance between

How to appreciate age of victim in rape cases

1. 2.

3.

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Birth Certificate is the best evidence. In the absence of the birth certificate, similar authentic documents. Credible testimony of mother or any other relative qualified to testify on matters respecting pedigree. If all else fails, the testimony of the victim provided that it is admitted by

Art. 266-A. Rape, When and How Committed. (paragraph 2) Rape is committed 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.

Par. 1 contemplates rape through intercourse Par. 2 contemplates these scenario:

Inserting penis into mouth or anal orifice; or Inserting any other thing into the genital or anal orifice of another person

Marital rape.

MARITAL RAPE

Art. 266-C. Effect of Pardon. The subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab

MARRIAGE ----extinguishes not only penal action, but also the penalties imposed However!!! Multiple rape where the victim marries one of the accused: criminal liability of the accused is extinguished with the marriage, however, he is still liable for the acts of his partner in which he is co principal

LEGAL HUSBAND IS THE OFFENDER:

---forgiveness by wife = extinguishes criminal action/liability

***unless marriage is void ab initio

Art. 266-D. Presumptions. --- Any physical overt act manifesting resistance against the act of rape in any degree from the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Art. 266-A. (RA 8353).

Evidences accepted in prosecution of rape:

A) any physical overt act that manifests resistance B) victim is in a situation wherein he/she is incapable of giving consent C) Maria Clara doctrine