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No, there is no frustrated rape.

Rape, as defined by the Oxford Dictionary, is the crime, typically committed


by a man, of forcing another person to have sexual intercourse with the offender
against their will. In Merriam-Webster Dictionary, rape is an unlawful sexual activity
and usually sexual intercourse carried out forcibly or under threat or injury against
the will usually of a female or with a person who is beneath a certain age or
incapable of valid consent.
To answer the question whether or not frustrated rape exists, we cite the case
of Christina S. Abayan in People vs Orita G.R. No. 88724 April 3, 1990.
On March 20, 1983, Christina S. Abayan arrived at her boarding house after
coming from a party. She saw Ceilito Orita, a frequent visitor of another boarder.
Orita held Abayan and poked a balisong at her. While his arm wrapped around her
neck and the other poking the balisong at Abayan, he then dragged her on the
second floor of the boarding house and entered Abayans room upon Oritas
command to find them a room. He ordered her to lie down on the floor and then
mounted her. Orita made her hold his penis and insert it in her vagina. With the
balisong still poked at her, she did as told but since she kept moving, only a
portion of his penis entered her. He then laid down on his back and commanded her
to mount him. Still only a small part of his penis was inserted into her vagina. When
Oritas hands were flat on the floor, Abayan ran away naked. She ran from room to
room until she jumped out the window and found help.
Clearly, 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 have been accomplished. 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. 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 v Orita G.R. No. 88724 April 3, 1990).
With the things mentioned above, the court ruled out Orita guilty of
consummated rape and not just merely a frustrated rape.
Rape is either attempted or consummated. There is no frustrated rape
(People v. Aca-ac, G.R. No. 142500, 20 April 2001).

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