Documente Academic
Documente Profesional
Documente Cultură
RAPE
(R.A. 8353 )
Arts. 266-A -266- D of the
Revised Penal Code
SALIENT FEATURES OF
R. A. 8353
R.A. 8353
R.A. 8353
AS TO PENALTY:
DEATH PENALTY is
imposed if the crime of
rape is committed with
any of the ten aggravating
and qualifying
circumstances in Art. 266B. It makes rape a
HEINOUS CRIME.
Penalty for Anal and Oral
Rape is included.
R.A. 8353
2)
IMPORTANT POINTS
TO REMEMBER
1 is sufficient.
8353
of
266-A.
MORAL ASCENDANCY OR
INFLUENCE HELD TO
SUBSTITUTE FOR THE
ELEMENT OF PHYSICAL FORCE
OR INTIMIDATION.
The court has applied this rule to
rapes committed by:
a. fathers against their daughters
b. stepfathers against their
stepdaughters
c. a godfather against his
goddaughter
d. uncles against their nieces
e. the first cousin of the victims
mother
OFFENDED PARTY
DEPRIVED OF REASON OR
OTHERWISE
UNCONSCIOUS
In the rape of a woman
deprived of reason or otherwise
unconscious, the victim has no
will.
The deprivation of reason
contemplated by law does not
need to be complete. Mental
abnormality or deficiency is
sufficient.
CONSUMMATED RAPE
For consummation of the crime of rape, it is
not essential that there be complete
penetration of the female organ; neither it is
essential that there be a rupture of hymen.
The slightest penetration of labia
consummates the crime of rape.
THERE IS NO CRIME OF FRUSTRATED
RAPE.
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 essential elements of the
offense have been accomplished. Thus, the
ATTEMPTED RAPE
Necessarily, rape is attempted 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.
Resignation to consummated act is not
consent.
Taking advantage of the fact that the woman was
asleep, the accused entered upon the commission of
the act. When prosecuted for rape, the accused
stated that the victim consented because when she
woke up she made no resistance. SC held that the
crime has already been consummated and the
offended partys final consent, after she realized the
2 OR MORE OFFENDERS