Rape and SPLs Flashcards
Two Classifications of Rape
- Rape by Sexual Intercourse: carnal knowledge of a woman against her will; in this case, the offender is always a man and the offended party is always a woman
- Includes Marital Rape - Rape by Sexual Assault: committed when the offender inserts his penis to another person’s mouth or anal orifice or by inserting an instrument or object into the genital or anal orifice of another person
- Offender or offended party can either be a man or a woman, that is, if the woman or a man uses an instrument in the anal orifice of a male, she or he can be held liable for rape.
- violation of the body orifices by the fingers is included here
What is Penile Penetration in Rape
Rape by Sexual Intercourse
Introduction, however slight, into the cleft of the labia majora by a penis that is capable of penetration, regardless of whether such penile penetration is thereafter fully achieved
Rape by Sexual Intercourse
How is attempted rape by carnal knowledge committed?
Rape by Sexual Intercourse
The acts must be committed with clear intention to have sexual intercourse, but the penis must not touch the labia of the pudendum of the victim. Intent to have sexual intercourse is present if it is shown that the erectile penis of the acccused is in the position to penetrate or the accused actually commenced to force his penis into the victim’s sexual organ.
Elements of Rape by Sexual Intercourse
Rape by Sexual Intercourse
MC-FITDUMAUD
- Offender is a Man
- Offender had Carnal knowledge of the woman
- Such act is accomplished under any of the following circumstances
- Through FTI: Force, Threat, or Intimidation (can be substituted by moral ascendancy)
- When the offended pary is Deprived of reason (mental abnormality, deficiency, or retardation) or is otherwise Unconcscious
- By means of fraudulent Machination or Grave Abuse of Authority
- When the offended party is under 16 years of age or is Demented (Dementia)
Exception to Age Requirement (D)
Rape by Sexual Intercourse
Sweetheart Clause: There will be no criminal liability when the age difference between the parties is not more than 3 years, and the sexual act is proven to be consensual, non-abusive, and non-exploitative.
Exception:
- When the woman is under 13 years of age
- For purposes of sexual inrercourse and lascivous conduct under RA 7610, the sweetheart defense is unacceptable. A child exploited in prostitution or subjected to sexual abused cannot validly give constent to sexual intercourse with another person
Elements of Rape by Sexual Assault
Rape by Sexual Assault
- Offender (man or woman) commits an act of sexual assault
- The act os sexual assault is committed by any of the following means:
- By inserting his Penis into another person’s mouth or anal orifice
- By inserting any Instrument or Object into the genital or anal orifice of another person - The act of Sexual Assault is accomplished under any of the following circumstances:
- Through FTI: Force, Threat, or Intimidation (can be substituted by moral ascendancy; failure to resist is not tantamount to consent)
- When the offended pary is Deprived of reason or is otherwise Unconcscious
- By means of fraudulent Machination or Grave Abuse of Authority
- When the offended party is under 16 years of age or is Demented (Dementia)
Note:
- Rape by Sexual assault is not necessarily included in rape by sexual intercourse unlike acts of lasciviousness (which is included in rape by sexual intercourse)
Old Anti-Rape Law vs RA No. 8353
Old Rape Law
- Crimes against chastity
- may be committed by a man against a woman only
- the complaint must be filed by the woman, or her parents, grandparents or guardian, if the woman was a minor or incapacitated
- Private Crime
- Marriage of the victim with one of the offenders benefits all
- Martial rape not recognized
RA 8353
- Crimes against persons
- Under the 2nd type, sexual assault may be committed by any person against any person
- may be prosecuted even if the woman does not file a complaint
- public crime
- marriage extinguishes liability only for principal (the person who married the victim) but cannot be extended to others
- Marital Rape recognized
Effects of the Reclassification of Rape into a Crimes Against Person
- The procedural requirement of consent of the offended party to file the case is no longer needed because this is now a public crime
- Hence, pardon by the offended party will not extinguish the criminal liability - There is now an impossible crime of rape because impossible crimes can only be committed against persons or property
Effects of Pardon on the Criminal Liability of the Accused Charged with Rape
- The offended woman may pardon the offender through a subsequent valid marriage (effect is limited only to person married)
- In marital rape, legal husband may be pardoned by forgiveness of the wife provided that the marriage is not void ab initio
Qualifying Circumstances of Rape
Special Complex Crime: Rape with homicide
1. When rape is attempted and homicide is committed by reason of or on occasion of attempted rape; and
2. When by reason of or on occasion of consummated rape, homicide is committed
Note:
- When homicide is committed not because of rape, no special complex crime
- Homicide is in its generic sense, so it includes murder (so not possible to have rape with murder)
- When homicide is another victim, rape with homicide is still applicable
As to age and relationship
1. When the victim is below 7 years old
2. Under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity (by blood) or affinity (by marriage) within 3rd civil degree or common law spouse of parent of victim
Note:
- “Minor daughter” not enough, must state exact age in the information
AFP-PNP
1. Under custody of police or military or any law enforcement or penal institution
2. Committed by any member of the AFP or para-military units of PNP or any law enforcement agency or penal institution, when offender took advantage of position
As to Prescense of Others
1. Committed in full view of the spouse, parent, or any of the children or other relatives within the 3rd civil degree of consanguinity (by blood)
2. Committed with use of deadly weapon or by two or more persons
As to knowledge of offenders
1. Offender knows the victim is religiously engaged
2. Offender knows that he is afflicted with HIV/AIDS and transfers it to victim
3. Offender knows pregnancy
4. Offender knows of mental disability, emotional disorder, or physicial disability
As to result of commission of rape
1. Victime becomes insane
2. Victim suffered permanent physical mutilation or disability
Elements of Statutory Rape
- The offender had carnal knowledge of the victim; and
- That the victim is below 16 years old or is demented (Does not include mental retardation; so mental age below 12 years old is still simple rape)
Attempted Rape vs. Acts of Lasciviousness
Attempted Rape: There is intent to effect sexual cohesion although unsuccessful
Acts of Lasciviousness: There is no intention to lie with the offended woman. The intention is merely to satisfy lewd design.
Designation of Crimes under Article 266(A1 & A2), Acts of Lasciviousness, and RA 7610
Acts of Lasciviousness committed against children exploited in prostitution or other sexual abuse
1. Under 16 years old or Demented: Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of RA 7610
2. 16 years old or below 18, or above 18 under special circumstances: Lascivious conduct under Section 5(b) of R.A. No. 7610
Sexual Assault committed against children exploited in prostitution or other sexual abuse
1. Under 16 years old or Demented: Sexual Assault under Article 266-A(2) of the RPC in relation to Section 5(b) of R.A. No. 7610:
2. 16 years old or below 18, or 18 under special circumstances: Lascivious Conduct under Section 5(b) of R.A. No. 7610
Sexual Intercourse committed against children exploited in prostitution or other sexual abuse (due to coercion or influence of any adult, syndicate or group/NOT FORCE, THREAT, or INTIMIDATION)
1. Under 16 years old or Demented: Statutory Rape under Article 266-A(1) of the RPC
2. 16 years old or below 18, or 18 under special circumstances: Sexual Abuse under Section 5(b) of R.A. No. 7610
Rape by Carnal Knowledge
1. Under 16 years old or Demented: Statutory Rape under Article 266-A(1) of the RPC
2. 16 years old or below 18, or 18 under special circumstances: Rape under Article 266-A(1)
Rape by Sexual Assault
1. Under 16 years old or Demented: Sexual Assault under Article 266-A(2) of the RPC in relation to Section 5(b) of R.A. No. 7610
2. 16 years old or below 18, or 18 under special circumstances: Lascivious Conduct under Section 5(b) of R.A. No. 7610
When can consent be a defense?
Under RA 7610, offender can say that victim gave her consent. Victim must be 16 years old or below 18 or above 18 under special circumstances. Such consent may be implied from the failure to prove that said victim engaged in sexual intercouse either due to money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate, or group.
TO EXPLAIN,
Rape:
- any age but if under 16, then statutory rape
- consent is immaterial
- due to force, intimidation, or threat
RA 7610:
- 16 to less than 18
- consent in a way that she engaged in sexual intercourse due to coercion or influence of any adult, syndicate or group)
Defense to RA 7610 (no criminal liability):
- 16 to less than 18 or above 18 under special circumstances
- consent in a way that the victim did not engage in sexual intercourse due to coercion or influence of any adult, syndicate or group)
