Introduction to Swiss Law Criminal Law and Criminal Procedure
Criminal Law (Rape) Report
-
Upload
alan-stillnotthereyet-cabije -
Category
Documents
-
view
219 -
download
0
Transcript of Criminal Law (Rape) Report
-
7/30/2019 Criminal Law (Rape) Report
1/24
RA No. 8353Art. 266-A
Art. 266-B
Art. 266-C
Art. 266-D
-
7/30/2019 Criminal Law (Rape) Report
2/24
Art. 266-A. Rape, When and How Committed.
(paragraph 1)
Rape is committed:
1. By a man who shall have carnal knowledge of awoman under any of the following
circumstances:
a. Through force, threat, or intimidation
b. When the offended party is deprived ofreasons or is otherwise unconscious
c. By means of fraudulent machination or graveabuse of authority
d. When the offended party is under twelve(12)y.o. or is demented, even though none of the
-
7/30/2019 Criminal Law (Rape) Report
3/24
Elements of Rape under Par
1
That the offender is a man
That the offender had carnal
knowledge of a woman
-
7/30/2019 Criminal Law (Rape) Report
4/24
That such act is accomplished under
any of the following circumstances
a. By using force or intimidation; or
b. When the woman is deprived of
reason or otherwise unconscious;
or
c. By means of fraudulent
machination or grave abuse ofauthority; or
d. When the woman is under 12
years of age or demented.
-
7/30/2019 Criminal Law (Rape) Report
5/24
That the offender had carnal
knowledge of a woman.Attempted rape perpetrator tried, with
the intent to penetrate, to force a woman
in engaging into the carnal act, but was
unsuccessful
Consumated rape- perpetrator tried,
with the intent to penetrate, to force awoman in engaging into the carnal act,
and succeeded in touching the inner
part of the vagina
-
7/30/2019 Criminal Law (Rape) Report
6/24
People vs. Campuhan
Facts: Campuhan was caught in flagrante inthe attempt of raping a 4 years old girl. Hewas accused of statutory rape, andconsequently convicted in the lower courts.
Held: There was no evidence to prove thatCampuhan succeeded in penetrating thegirls vagina. It is necessary to carefullyascertain whether the penis of the accused
in reality entered the labialthreshold of thefemale organ to accurately conclude thatrape was consummated. Thus, his penaltywas reduced to only that of frustrated rape.
-
7/30/2019 Criminal Law (Rape) Report
7/24
People vs. Orita Facts:
Ceilito Orita was accused of frustratedrape by the RTC
accused poke a balisong to college
freshman and undressed and mountedher
appellant could not fully penetrate her asvictim escaped
victims physical examination revealedthat she is still a virgin,
The trial court convicted the accused of
frustrated rape
-
7/30/2019 Criminal Law (Rape) Report
8/24
Supreme Court Ruling:
The accused Ceilito Orita is foundguilty of the crime of rape
[consummated] and sentenced toreclusion perpetua as well as toindemnify the victim in the amount ofP30,000.00.
Rationale: A full penetration is notrequired for rape to be consumated.
-
7/30/2019 Criminal Law (Rape) Report
9/24
That the act is accomplished
using force and intimidation.
Force
The force must be enough for the
perpetrator to accomplish his purpose
Offended woman should have at least
tried to physically deter and refuse
the deed
If resistance is futile, offering none
does not amount to consent
-
7/30/2019 Criminal Law (Rape) Report
10/24
Intimidation-any acts or threats thatproduces fear, enough to make the
victim yield to the perpetrator.
Moral Ascendancy or Influence is
held to be a substitute for theelement of force or intimidation.
Wh th i d i d f
-
7/30/2019 Criminal Law (Rape) Report
11/24
When the woman is deprived of
reason or otherwise
unconscious.If the victim has no will, it will fall underthis category:
Giving alcohol, drugs, potions
(gayuma?) to reduce the womans
ability to refuse.
Woman is insane; or
Unconscious (knocking her out), or
lethargic due to sickness
-
7/30/2019 Criminal Law (Rape) Report
12/24
FRAUDULENT MACHINATIONOR GRAVE ABUSE OF AUTHORITY
Art. 266-A, par. 1 (c)
-
7/30/2019 Criminal Law (Rape) Report
13/24
When the offended party is
under twelve (12) or dementedAny sexual intercourse with a girl below
twelve years old or has an intelligence
level of that below twelve years old is
guilty of statutory rape, even if with orwithout consent.
Note: The law does not consider thatkind of consent voluntary as the
offended party under 12 years old
cannot have a will of their own.
-
7/30/2019 Criminal Law (Rape) Report
14/24
People vs. Atante
196 SCRA 357
Glenda Aringo (complainant)--16 y/o and
mentally retarded (intectual capacity
between 9 and 12 y/o) Cesar Atento, 39 y/o,---accused of
raping complainant in 5 separate
occasions and impregnated her
-
7/30/2019 Criminal Law (Rape) Report
15/24
SC Ruling: The Court his intetectualcapacity to be the reason why, while a
rape victim with normal intelligence,would have said that the attack on her
caused her much physical pain and
mental agony, Glenda naively declared
that Atento's sexual organ in hers gaveher much pleasure (masarap).
It is worth observing that Glenda's child
was born on December, nine monthsafter her rape in April, and that,
according to the trial judge, there was a
remarkable resemblance between
-
7/30/2019 Criminal Law (Rape) Report
16/24
How to appreciate age of victim
in rape cases
1. Birth Certificate is the best
evidence.
2. In the absence of the birth
certificate, similar authentic
documents.
3. Credible testimony of mother or
any other relative qualified to testifyon matters respecting pedigree.
4. If all else fails, the testimony of the
victim provided that it is admitted by
-
7/30/2019 Criminal Law (Rape) Report
17/24
Art. 266-A. Rape, When and HowCommitted.
(paragraph 2)
Rape is committed by any person who,
under any of the circumstances
mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by
inserting his penis into another persons
mouth or anal orifice, or any instrument orobject, into the genital or anal orifice of
another person.
-
7/30/2019 Criminal Law (Rape) Report
18/24
Par. 1 contemplates rape through
intercourse
Par. 2 contemplates these scenario:
Inserting penis into mouth or anal
orifice; or
Inserting any other thing into the
genital or anal orifice of anotherperson
-
7/30/2019 Criminal Law (Rape) Report
19/24
Marital rape.
-
7/30/2019 Criminal Law (Rape) Report
20/24
MARITAL RAPE
Art. 266-C. Effect of Pardon.
The subsequent valid marriagebetween the offender and theoffended party shall extinguish thecriminal action or the penaltyimposed.
In case it is the legal husbandwho is the offender, the subsequentforgiveness by the wife as theoffended party shall extinguish thecriminal action or the penalty:Provided,
That the crime shall not beextinguished or the penalty shall not
be abated if the marriage is void ab
-
7/30/2019 Criminal Law (Rape) Report
21/24
MARRIAGE
----extinguishes not only penal action,
but also the penalties imposedHowever!!!
Multiple rape where the victim marries
one of the accused:criminal liability of the accused is
extinguished with the marriage,
however, he is still liable for the acts ofhis partner in which he is co principal
-
7/30/2019 Criminal Law (Rape) Report
22/24
LEGAL HUSBAND IS THE
OFFENDER:
---forgiveness by wife =
extinguishes criminal
action/liability
***unless marriage is void ab
initio
-
7/30/2019 Criminal Law (Rape) Report
23/24
Art. 266-D. Presumptions. --- Any
physical overt act manifesting
resistance against the act of rapein any degree from the offended
party is so situated as to render
her/him incapable of giving validconsent, may be accepted as
evidence in the prosecution of the
acts punished under Art. 266-A.
(RA 8353).
-
7/30/2019 Criminal Law (Rape) Report
24/24
Evidences accepted in
prosecution of rape:
A) any physical overt act that
manifests resistance
B) victim is in a situation whereinhe/she is incapable of giving
consent
C) Maria Clara doctrine