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Vlog 48 (Rape)

This document discusses the crime of rape under Philippine law. It defines rape as sexual intercourse with a woman through force, threat, or when she is unconscious or demented. Rape can also be committed by inserting objects into the victim's orifices. The testimony of the woman alone is sufficient to prove rape. Rape is considered a crime against persons and penalties include imprisonment and financial compensation for the victim.

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Clarito Lopez
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801 views12 pages

Vlog 48 (Rape)

This document discusses the crime of rape under Philippine law. It defines rape as sexual intercourse with a woman through force, threat, or when she is unconscious or demented. Rape can also be committed by inserting objects into the victim's orifices. The testimony of the woman alone is sufficient to prove rape. Rape is considered a crime against persons and penalties include imprisonment and financial compensation for the victim.

Uploaded by

Clarito Lopez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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CRIMINAL LAW

(BOOK TWO)
Topic:
RAPE
The Anti-Rape Law of 1997 (RA 8353)
now classified the crime of rape as a
Crime Against Persons. It incorporated
rape into Title 8 of the RPC.
ELEMENTS: 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 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 or
is demented, even though none of the
circumstances mentioned above be present.
2) By any person who, under any of the
circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault
by inserting

a. his penis into another person’s mouth or


anal orifice;
b. any instrument or object, into the genital
or anal orifice of another person.
•Rape may be committed by employing
intimidation(Intimidation -Moral kind)
•When the offender in rape has an
ascendancy or influence over the girl, it is
not necessary to put up determined
resistance
Rape may be proved by testimony of woman alone

1. An accusation for rape can be made with facility, is


difficult to prove, but more difficult for person
accused, though innocent, to disprove
2. Nature - only two persons are involved, testimony of
complainant must be scrutinized with extreme
caution
3. The evidence for prosecution must stand or fall on its
own merits, and cannot be allowed to draw strength
from weakness of evidence for defense.
• Deprivation of reason contemplated by law
need not be complete, mental abnormality or
deficiency is sufficient
• CONSUMMATED RAPE: penetration of labia
consummates the crime of rape
• ATTEMPTED RAPE: intent to have carnal
knowledge must be clearly shown
• Multiple rape by two or more offenders Æ
each one is responsible not only for rape
personally committed, but also for rape
committed by others
• Rape with homicide is now a special complex
crime.
• Indemnity in Rape: P50,000 mandatory; if
circumstances which death penalty is
authorized - P75,000;
• Rape with homicide - P100,000 ƒ
Moral damages - P50,000, without need of
proof
EVIDENCE WHICH MAY BE ACCEPTED FOR THE
PROSECUTION OF RAPE:
1. Any physical overt act manifesting
resistance against the act of rape in any
degree from the offended party; or
2. Where the offended party is so situated as
to render him/her incapable of giving
consent.

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