criminal law (rape) report

7/30/2019 Criminal Law (Rape) Report

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RA No. 8353Art. 266-A

Art. 266-B

Art. 266-C

Art. 266-D


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Art. 266-A. Rape, When and How Committed.

(paragraph 1)

Rape is committed:

1. By a man who shall have carnal knowledge of awoman under any of the following

circumstances:

a. Through force, threat, or intimidation

b. When the offended party is deprived ofreasons or is otherwise unconscious

c. By means of fraudulent machination or graveabuse of authority

d. When the offended party is under twelve(12)y.o. or is demented, even though none of the


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Elements of Rape under Par

1

That the offender is a man

That the offender had carnal

knowledge of a woman


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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 ofauthority; or

d. When the woman is under 12

years of age or demented.


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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 awoman in engaging into the carnal act,

and succeeded in touching the inner

part of the vagina


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People vs. Campuhan

Facts: Campuhan was caught in flagrante inthe attempt of raping a 4 years old girl. Hewas accused of statutory rape, andconsequently convicted in the lower courts.

Held: There was no evidence to prove thatCampuhan succeeded in penetrating thegirls vagina. It is necessary to carefullyascertain whether the penis of the accused

in reality entered the labialthreshold of thefemale organ to accurately conclude thatrape was consummated. Thus, his penaltywas reduced to only that of frustrated rape.


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People vs. Orita Facts:

Ceilito Orita was accused of frustratedrape by the RTC

accused poke a balisong to college

freshman and undressed and mountedher

appellant could not fully penetrate her asvictim escaped

victims physical examination revealedthat she is still a virgin,

The trial court convicted the accused of

frustrated rape


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Supreme Court Ruling:

The accused Ceilito Orita is foundguilty of the crime of rape

[consummated] and sentenced toreclusion perpetua as well as toindemnify the victim in the amount ofP30,000.00.

Rationale: A full penetration is notrequired for rape to be consumated.


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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


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Intimidation-any acts or threats thatproduces fear, enough to make the

victim yield to the perpetrator.

Moral Ascendancy or Influence is

held to be a substitute for theelement of force or intimidation.

Wh th i d i d f


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When the woman is deprived of

reason or otherwise

unconscious.If the victim has no will, it will fall underthis 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


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FRAUDULENT MACHINATIONOR GRAVE ABUSE OF AUTHORITY

Art. 266-A, par. 1 (c)


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When the offended party is

under twelve (12) or dementedAny 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 orwithout consent.

Note: The law does not consider thatkind of consent voluntary as the

offended party under 12 years old

cannot have a will of their own.


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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


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SC Ruling: The Court his intetectualcapacity 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 gaveher much pleasure (masarap).

It is worth observing that Glenda's child

was born on December, nine monthsafter her rape in April, and that,

according to the trial judge, there was a

remarkable resemblance between


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How to appreciate age of victim

in rape cases

1. Birth Certificate is the best

evidence.

2. In the absence of the birth

certificate, similar authentic

documents.

3. Credible testimony of mother or

any other relative qualified to testifyon matters respecting pedigree.

4. If all else fails, the testimony of the

victim provided that it is admitted by


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Art. 266-A. Rape, When and HowCommitted.

(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 orobject, into the genital or anal orifice of

another person.


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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 anotherperson


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Marital rape.


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MARITAL RAPE

Art. 266-C. Effect of Pardon.

The subsequent valid marriagebetween the offender and theoffended party shall extinguish thecriminal action or the penaltyimposed.

In case it is the legal husbandwho is the offender, the subsequentforgiveness by the wife as theoffended party shall extinguish thecriminal action or the penalty:Provided,

That the crime shall not beextinguished or the penalty shall not

be abated if the marriage is void ab


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MARRIAGE

----extinguishes not only penal action,

but also the penalties imposedHowever!!!

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 ofhis partner in which he is co principal


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LEGAL HUSBAND IS THE

OFFENDER:

---forgiveness by wife =

extinguishes criminal

action/liability

***unless marriage is void ab

initio


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Art. 266-D. Presumptions. --- Any

physical overt act manifesting

resistance against the act of rapein any degree from the offended

party is so situated as to render

her/him incapable of giving validconsent, may be accepted as

evidence in the prosecution of the

acts punished under Art. 266-A.

(RA 8353).


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Evidences accepted in

prosecution of rape:

A) any physical overt act that

manifests resistance

B) victim is in a situation whereinhe/she is incapable of giving

consent

C) Maria Clara doctrine

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