prelims Flashcards
(89 cards)
1
Q
crime of violence
gender-based
A
rape
2
Q
reason for dismissals in the preliminary investigation stage and acquittals in court in rape cases
A
the woman is placed in a life threatening situation
there is danger to life and limb
3
Q
ra 8353
anti-rape law of 1997
A
expanding the definition of the crime rape
reclassifying rape as crime against persons
amending the purpose of act 3185, and for other purposes
4
Q
forms of rape
A
rape by carnal knowledge
rape by sexual assault
5
Q
insertion of the penis into the vagina
A
carnal knowledge
coitus
6
Q
carnal knowledge does not necessarily require that the vagina be penetrated or that the hymen be ruptured.
the crime is already consummated even when the penis merely enters the labia or lips of the vagina
A
people vs. quinanola
6
Q
people vs. quinanola
A
carnal knowledge does not necessarily require that the vagina be penetrated or that the hymen be ruptured.
the crime is already consummated even when the penis merely enters the labia or lips of the vagina
7
Q
sexual intercourse instead of calling it rape
A
it connotes mutuality and serve to confuse
8
Q
penetration of the penis into the lips of the vagina even without rupture or laceration of the hymen suffices to warrant conviction
A
people vs de guia
9
Q
laceration of the hymen is not necessary to prove the consummation of rape
A
people vs tumalad
10
Q
absence of extensive abrasions on the vaginal wall does not rule out rape
A
people vs cervantes
11
Q
Insertion of PENIS into the MOUTH or ANAL
ORIFICE of another person
Insertion of ANY OBJECT or INSTRUMENT
into the GENITAL or ANAL ORIFICE of
another.
A
rape by sexual assault
12
Q
“Object” is synonymous with “thing,” and the
the human finger is definitely a ‘thing.” Thus, a
violation of the body orifices by the fingers is
within the expanded definition of rape under RA
8353.
A
(Obana, et. al. vs. Soriano, et.
al., CA-G.R. SP No. 60553)
13
Q
Insertion of one’s finger into the genitalia of
another constitutes “rape through sexual assault”
A
people vs soriano
people vs palma
14
Q
Circumstances under which rape is committed
A
Through force, threat or intimidation
When the offended party is deprived of reason or
otherwise unconscious
By means of fraudulent machinations or grave
abuse of authority
When the offended party is under 12 years or is
demented, even though none of the circumstances
mentioned be present.
15
Q
a relative term,
depending not only on the age, size, and strength of the
parties but also on their relationship with each other.
A
force or intidimidation
16
Q
the law does not impose a burden of proving
resistance on the rape victim but in practice courts
always examine the actuations of the victim before,
during and after the alleged rape in determining the
existence of force or intimidation.
A
true
17
Q
RA 8353 inserted the word “threat” between the words
“force” and “intimidation” to codify case law.
A
true
17
Q
RA 8353 inserted the word “threat” between the words
“force” and “intimidation” to codify case law.
A
true
18
Q
situations where there was no physical
force or violence but the perpetrator was able to
coerce the victim by inducing fear
A
threat
19
Q
evidence of lack of consent
A
Any physical overt act in any degree by the
offended party manifesting resistance to the
act of rape
Situation is such that the offended party is
rendered incapable of giving valid consent
20
Q
The Supreme has held in many cases
that force and intimidation are relative. They
depend on the circumstances, the size, age
and strength of the parties and their relation
to each other.
A
People vs. Nitafan
21
Q
– Insane / Feeble-minded
– Mental abnormality / deficiency / disorder
Need not be complete deprivation of reason
A
deprived of reason
21
Q
unconscious
A
– Asleep
– Drugged
– Sick
22
a treatise on what
constitutes “consent” in rape cases
people vs salazar
23
When a woman is “deprived of reason” or is
“unconscious,” she is deemed to have “no will,” as
distinguished from the first circumstance where force or
intimidation is used, in which case her will “is nullified or
destroyed,” or that it was committed against her will…
The crux of the matter then is the construction and
interpretation of the word “unconscious.” I submit that
since both “being deprived of reason” and “unconscious”
are founded on absence of will to give consent intelligently
and freely, the term “unconsciousness,” then, should not be
tested by a mere physical standard, i.e., whether one is
awake or asleep, conscious or alert.
(Dissenting opinion of CJ Davide in People vs. Salarza,
24
Rather, the inquiry should likewise determine whether
the victim was fully informed of all considerations so as
to make a free and informed decision regarding the grant
of consent. It is only through this two-tiered test that a
holistic appraisal of consent may be had.
(Dissenting opinion of CJ Davide in People vs. Salarza,
25
carnal knowledge of a sleeping
woman is rape because in that state the woman
is completely unconscious, both physically and mentally.
Sleep, being the naturally or artificially induced state of
suspension of sensory and motor activity (Pp. vs. Conde,
supra, at 767), obviously deprives a woman of the ability to
consent.
true
26
Insidious words or machinations used to induce the
victim to act in a manner that would enable the
offender to carry out his design
– Promises of marriage
Fraudulent Machination
27
Offender has moral authority / ascendancy over the
offended party
Incest (Father to daughter)
Stepfather to stepdaughter
Godfather to goddaughter
Grave Abuse of Authority
28
The law does not consider the consent to
the sexual act, given by a person under 12 (NOW 16)
years of age, to be voluntary does not
have a will of his / her own.
Offended Party is
Under 12 Years of Age
28
The law does not consider the consent to
the sexual act, given by a person under 12 (NOW 16)
years of age, to be voluntary does not
have a will of his / her own.
TRUE
29
mere touch of the penis on the
labia
penetration
30
using knife, gun; father-daughter
intimidation
31
Deprived of reason or Unconscious
mental
retardation, drugs, asleep
32
Failure to shout or offer tenacious resistance
does not make it voluntary
true
33
Insertion of finger into the genital or anal orifice is
considered rape by sexual assault
true
34
Reclassification of rape from a crime against chastity to a
crime against persons
The expansion of the definition of rape to include acts
other than penile penetration of the vaginal orifice
Implicit recognition of marital rape
Three Major Changes in the law
35
Deletion of Frustrated Rape
Some lowering of penalties
Addition of certain aggravating and qualifying circumstances
Evidentiary presumptions in favor of the rape victim
salient features
36
Gender bias “virginity” and the “sexual history” of
victims
Old law: Crime against chastity
37
– Prostituted women, sexually active or even married
women difficulty proving rape through force or
intimidation due to their sexual history or experience
Old law: Crime against chastity
38
Private crime pardonable
Complaint filed only by victim & family
Old law: Crime against chastity
39
– Significance: State views rape “no longer as a sexual
crime but as a violation of women’s human rights
– Crime against personhood, regardless of “chastity”
– Public crime - pardon against public policy
Except: subsequent marriage & pardon w/n valid marriage
– Complaint may be filed by anybody
RA 8353: Crime against persons
40
most debated provision during the long
process of enacting RA 8353
marital rape
41
no rape in marriage, except if legally
separated
Old law
42
Marital rape regardless of status of
marriage
– Legal husband offender: subsequent forgiveness of
the wife extinguishes criminal action / penalty
Exception: Marriage void ab initio
ra 8353
43
The Supreme Court ruled that rape is
consummated from the moment there is carnal
knowledge. Thus, there is no crime of frustrated rape in the
Philippines.
true
44
Rape is merely attempted if its commission was
not completed due to circumstances other than the
voluntary act of the accused.
true
45
in the crime of rape, from the moment the
offender has carnal knowledge of his victim, he actually attains
his purpose and, from that moment also all the essential
elements of the offense has been accomplished
People vs. Orita
46
Nothing more is left to be done by the offender, because
he has performed the last act necessary to produce the
crime. Thus, the felony is CONSUMMATED. In a long
line of cases, we have set the uniform rule that for the
consummation of rape, perfect penetration is not
essential. Any penetration of the female organ by the
male organ is sufficient. Entry of the labia or lips of the
female organ, without rupture of the hymen or laceration
of the vagina is sufficient to warrant conviction.
People vs. Orita
47
if there is no penetration of the female organ because not all acts of
execution was performed. The offender merely
commenced the commission of a felony directly by overt
acts
rape is attempted
48
Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party, or where 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 rape
These presumptions will bear significantly in the
determination of issues of resistance or consent in
rape.
Limit an offender’s available defenses
true// Evidentiary Presumption
in Favor of the Rape Victim
49
When a woman says that she had been raped,
she says in effect all that is necessary to show that
said crime has been committed
People vs. Lascuna,
People vs. Joya,
People vs. Budol,
eople vs. Pasco
50
Complainant’s willingness and courage to face the
interrogation and medical examination is a mute
but eloquent proof of the truth of her charge
people vs joya
51
There is more reason to believe the words of a
woman when she accuses a close relative of
having raped her
people vs. Alvis, Jr
52
Minor inconsistencies do not affect credibility
people vs corpuz
53
There is no standard form of human behavioral response
when one is confronted with a strange, startling or
frightful experience
people vs arnan
54
The workings of a human mind placed under emotional
stress are unpredictable and people react differently –
some may shout, some may faint, and some may be
shocked into insensibility, while others may openly
welcome the intrusion
people vs malunes
55
• Human behavior varies from one person to
another. There is no such thing as an absolute
set of behavioral manifestations for people since
no two persons are the same
John Pinel,
Biopsychology
56
Others become virtually catatonic because of
the mental shock they experience. Yet it can
never be successfully argued that they are less
victims than the former
people vs ibay
57
Failure to immediately report the crime to the
authorities does not destroy the credibility of the
complainant
true
58
The delay in reporting their grievances to the proper
authorities does not destroy the truth per se of the
complaint
people vs. Sagun
59
On the claim that the delay in reporting the crime to the
authorities of around 6 months is reason enough to
doubt the credibility of the complainant, the Court has
held in a long line of cases that delay in reporting the
crime is not sufficient to doubt the truthfulness of the
accusation
people vs jimenez
60
The Supreme Court held that the expert
testimony of the psychiatrist that the victim
manifested “psychotic signs and symptoms
such as unusual fear, sleeplessness, suicidal
thoughts, psychomotor retardation, poverty of
thought content as well as depressive signs
and symptoms” shows “evidence of guilt” of
the accused.
people vs cabral
61
penalty of Rape through Carnal Knowledge
Reclusion Perpetua
20y 1d to 40 y
62
Aggravated Rape:
– Use of deadly weapon
–By two or more persons
–Victim becomes insane
–Attempted Rape + Homicide
Reclusion Perpetua to Death
63
Qualified Rape
– Rape + Homicide
– Victim minor + Offender is a parent, ascendant,
step-parent, guardian, relative by consaguinity
or affinity w/in 3rd degree (c/a), or the commonlaw spouse of the victim’s parent
– Victim under the custody of the police, military
authorities of any law enforcement or penal
institution
– Full view of spouse, parent, child(ren) or other
relatives w/in 3rd degree of consaguinity
– Victim religious engaged in legitimate religious
calling + known by offender at the time of act
– Victim under 7 years of age
– Offender knows that he has HIV/AIDS or other
STD + virus transmitted to the victim
– Offender: AFP, paramilitary, PNP, law
enforcement, penal institution + take advantage
of position to facilitate crime
– Victim suffered permanent physical mutilation or
disability because of rape
– Victim pregnant + offender knew of pregnancy
– Victim has mental disability, emotional disorder
&/or physical handicap + offender knew this
death penalty
64
penalty for rape by sexual assault
Prision Mayor
6 years 1 day to 12 years
65
Rape by Sexual Assault
– Use of deadly weapon
– By two or more persons
Reclusion Temporal (6y 1d to 20 years)
66
Rape by Sexual Assault
Attempted Rape + Homicide
RT to Reclusion Perpetua (12y1d to 40 y)
67
Rape by sexual assault
Rape + Homicide
Reclusion Perpetua (20y1d to 40y)
68
Rape by Sexual Assault
–Victim becomes insane
– Victim minor + Offender is a parent, ascendant,
step-parent, guardian, relative by consanguinity
or affinity w/in 3rd degree (c/a), or the commonlaw spouse of the victim’s parent
– Victim under the custody of the police, military
authorities of any law enforcement or penal
institution
– Full view of spouse, parent, child(ren) or other
relatives w/in 3rd degree of consanguinity
– Victim religious engaged in legitimate religious
calling + known by offender at the time of act
– Victim under 7 years of age
– Offender knows that he has HIV/AIDS or other
STD + virus transmitted to the victim
Offender: AFP, paramilitary, PNP, law
enforcement, penal institution + take advantage
of position to facilitate crime
– Victim suffered permanent physical mutilation or
disability because of rape
– Victim pregnant + offender knew of pregnancy
– Victim has mental disability, emotional disorder
&/or physical handicap + offender knew this
Reclusion Temporal (12y1d to 20 y)
69
An Act Providing Assistance & Protection for
Rape Victims, Establishing for the Purpose
a Rape Crisis Center in Every Province and
City, Authorizing the Appropriation of Funds
therefore, and for Other Purposes.
Republic Act 8505
Rape Victim Assistance & Protection Act of 1998
70
Establishment of Rape Crisis Center in
every province or city
Services for victims of rape
Duties of the police officer
Respect for Privacy & Confidentiality
Rape shield clause
salient features of ra 8505
71
The DSWD, DOH, DILG, DOJ and a lead
NGO w/ proven track record or experience
in handling sexual abuse cases, shall
establish in every province and city a rape
crisis center located in a government
hospital or health clinic or in any other
suitable place.
Establishment of Rape Crisis Centers
72
Provide psychological counseling, medical &
health services, including medico-legal
exam;
Secure free legal assistance / services,
when needed;
Assist in the investigation to hasten arrest &
filing of case in court;
Ensure the privacy & safety of the victim
Services in Rape Crisis Center
73
Provide psychological counseling & medical
services to the family, when needed;
Develop & undertake training programs on
human rights & responsibilities, gender-senstivity
& legal management of rape cases for
– Law enforcement officers
– Public Prosecutors
– Lawyers
– Medico-Legal Officers
– Social Workers
– Barangay Officials
Adopt & implement programs for the
recovery of rape victims.
Services in Rape Crisis Center
74
lead agency in the establishment of
the rape crisis center
DSWD
75
Must be of the same sex as offended party
Ensure that only persons expressly authorized by the offended party is/are present during the
medico-legal examination
duties of medicolegal officer
76
Immediate referral of cases to prosecutor for inquest/investigation
Arrange for counselling and medical services for the offended party
Ensure that only persons expressly authorized by offended party is allowed in examination room
Inform parties that proceedings can be conducted in a language or dialect known or familiar to them
duties of a police officer
77
At any stage of the investigation, prosecution and trial, The police officer, prosecutor, court & its officers, as well as the parties Recognize the right to privacy of the victim & the accused
Closed-door investigation, prosecution, or trial when needed to ensure fair &
impartial proceedings & after considering all circumstances for the best interest of
the parties
ensure that any information tending to establish identities & other information shall not be disclosed to the public.
true// Respect for Privacy & Confidentiality
78
In prosecutions for rape, evidence of
complainant’s past sexual conduct, opinion
thereof or of his/her reputation shall not be
admitted unless, and only to the extent that
the court finds that such evidence is
material and relevant to the case
Rape Shield Clause
section 6
79
Prohibits the defendant or his attorney from
questioning the rape victim regarding her
previous sexual history or introducing any
other evidence concerning her past sexual
practices.
Rape Shield Clause
Michigan vs. Lucas
79
Prohibits the defendant or his attorney from
questioning the rape victim regarding her
previous sexual history or introducing any
other evidence concerning her past sexual
practices.
Prohibits the defendant or his attorney from
questioning the rape victim regarding her
previous sexual history or introducing any
other evidence concerning her past sexual
practices.
80
P120 Million charged against the
Organizational Adjustment Fund
P60M – DSWD
P20M – each DOH, DILG, DOJ
Thefore, the annual General Appropriations Act (GAA)
true
81
defines the annual expenditure program of the national government and all of its instrumentalities.
General Appropriations Act (GAA)
82
latin
rapere
steal, seize, carry away
83
oldest means by which a man seized or stole a wife
it constituted enforced marriage since a man simply took
whatever woman he wanted, raped her and brought her to his tribe.
Rape was actually conducted under the guise of respectable behavior, rewarding the rapist for the misuse and abuse of women.
etymology of rape
84
Many contemporary beliefs and attitudes about rape are a throwback to the old days when rape was
respectable behavior.
For example, victim blaming and trivialization of rape are indirect ways of legitimizing this
form of abuse and maintaining the respectability of the rapist.
Brief Historical Background
