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RAPE

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TWO WAYS RAPE IS COMMITTED

Under Article 266 of the Revised Penal Code (RPC), there are two ways by which the crime of rape may be committed: 

  1. Rape by sexual intercourse as defined by Article 266-A, it is committed by a man who shall have carnal knowledge with a woman under a certain set of circumstances enumerated in the provision. When a person is found guilty of rape by sexual intercourse, the perpetrator is ordinarily punished by reclusion perpetua.
  2. Rape by sexual assault as defined by Article 266-B, on the other hand, is committed by any person who, under the same set of circumstances in Article 266-A, inserts his penis into another person's mouth or anal orifice, or any instrument or object into the genital or anal orifice of another person. When a person is found guilty of rape by sexual assault, the perpetrator is ordinarily punished by reclusion temporal if there are qualifying circumstances present.

ELEMENTS:

Rape By Sexual Intercourse (Under Paragraph 1):

1. The offender is a Man – in general;

2. The offender had Carnal knowledge of a woman;

3. Such Act is accomplished:

a. Through Force, Threat or Intimidation;

b. when the offended party is Deprived of reason or otherwise unconscious;

c. by means of fraudulent Machination or grave abuse of authority; or

d. when the offended party is Under 12 years of age (statutory rape) or is demented, even though none of the circumstances mentioned above be Present. (Republic Act No. 116481, which amends the Anti-Rape Act of 1997, states that it will be considered statutory rape if an adult has sexual intercourse with a person under 16 years old.)

Rape Through Sexual Assault (Under Paragraph 2)

1. the offender (man or woman) commits an act of Sexual assault;

2. the act is committed by Inserting:

a. his penis into another person's mouth or anal orifice; or

b. any instrument or object into the genital or anal orifice of another person;

3. the act is committed under any of the circumstances mentioned under paragraph 1.

In rape by sexual intercourse, in People Vs. Besmonte Et. Al., the court stated that "carnal knowledge as an element of rape does not require full penetration of the male organ to the female organ."

On the other hand, Rape by sexual assault is committed if there is an insertion into the oral or anal orifice of a person.  In Flordeliz Vs. People, " the Supreme Court affirmed the conviction of the accused for the crime of rape by sexual assault when the father inserted his finger in his minor daughter's genital.



 

 

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