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CHAPTER II
KINDS AND ELEMENTS OF RAPE
Kinds of Rape
Rape may be classified into simple, qualified or
statutory. When it is committed with the use of a deadly
weapon or by two or more persons, it is qualified (Art.
335, Revised Penal Code as amended by RA 2632, RA 4111
and BA 7659; People vs. Carandang, 52 SCRA 259). If
committed without the attendance of any of the said
qualifying circumstances, it is simple (People vs. Dela
Cruz, L-28810, March 27, 1974; People vs. Oscar, 48
Phil. 527; People vs. Hernandez, 49 Phil. 980; People
vs. Gonzales, 58 SCRA 265).
Statutory rape is sexual intercourse with a girl under
the age of consent as defined by statute (65 AmJur 2d
769). In this jurisdiction, twelve is the statutory age of
consent (Art. 335, supra).
The gravamen of statutory rape is merely carnal
knowledge of a woman below twelve years of age (People
vs. Villegas, Jr., 127 SCRA 195; People vs. Villegas,
Jr., 127 SCRA 195; People vs. Dela Cruz, 56 SCRA 84;
People vs. Santos, 189 SCRA 25). Force and intimidation
are not its essential ingredients. They may be present
or absent without affecting the criminality of the
carnal knowledge (Paige vs. State, 219 Ga 569, 154 SE ed
7095; People vs. Mangalino, 182 SCRA 329). Nonconsent of
a female is not essential, nor consent a defense (69 Am
Jur 2d 770).
In statutory rape, proof of intimidation or force used
on the victim, or lack of it, is immaterial (People vs.
Mangalino, supra).
Thus, if the offended party is less than twelve years
old, rape is committed although there is consent to the
sexual act. For being of tender age, she does not have
the will of her own and the law does not consider any
kind of consent given by her voluntarily (People vs.
Villamor, 37 OG 947; People vs. Morales, 94 SCRA 191).
“It is settled doctrine that carnal knowledge of a girl
under twelve years of age is always rape, even if no
force or intiiiiidation is used and even if she is not
deprived of reason or otherwise made unconscious, and
even if she agrees or consents”. (People vs. Villegas,
Jr. sup ra, People vs. Pelias Jover, 137 SCRA 160).
The above philosophy manifests the deep concern of the
State for the welfare of the child. Such an approach
vitalizes further the concept of parens patriae (People
vs. Baylon, 57 SCRA 114; People vs. Cawili, 65 SCRA 24).
Elements of Rape
The elements that constitute the crime of rape are
carnal knowledge, force or intimidation and the
commission of the act without the consent, or against
the will, of the woman, oi. where the latter is under
twelve years of age, or when she is deprived of reason,
or otherwise unconscious. Article 335 of the Revised Penal Code mandates that rape
is committed by having carnal knowledge of a woman by
using force or intimidation, when the woman is deprived
of reason or otherwise unconscious, or when the woman is
under twelve years of age or is demented.
Carnal Knowledge
Carnal knowledge means sexual intercourse. It is the
actual contact of the sexual organs of a man and a
woman. It denotes penetration (15 CJS 471).
Penetration means that the sex organ of the male entered the sexual organ of the female (Calhoun v.
State,
115 S.W. 265). The slightest penetration is enough for
conviction in the crime of rape (People vs. Selfaison, 1
SCRA
235).
For a consummated rape to exist, it is not necessary
that there be a complete penetration or destruction of
the hymen (People vs. Hernandez, 49 Phil. 980). Perfect
penetration is not essential. Mere entry into the labia
or lips of the female private parts without rupture of
the hymen, or laceration of the vagina is sufficient to warrant
conviction (People vs. Tirado, 47 OG 12 p 6337; People
vs. Oscar, 48 Phil. 527; People vs. Royeras, 56 SCRA
666; People vs. Anonas, 58 SCRA 505; People vs. Rebancos,
172 SCRA 425).
It is settled rule that any penetration, however slight,
and whether reaching the hymen or not, is sufficient to
constitute the crime of rape (People vs. Hernandez, 49
Phil. 980; People vs. Villamor, 37 OG 974). It is
undoubtedly the law that penetration even to the least
extent will be sufficient, and this may be inferred from
the circumstances of the crime (People vs. Itac, 98 SCRA
644). In the crime of rape, what is essential is evidence of
penetration of the offender’s. sex organ into the
complainant’s sex organ (People vs. Sato, 163 SCRA 602).
Any penetration of the female’s body by the male organ
is sufficient (People vs. Alvarez, 163 SCRA 745). Slight
penetration, even without emission, is sufficient for
conviction (People vs. Bautista, 102
SCRA 483).
“It is settled rule that for rape to be consummated, it
is not essential that there be perfect, complete and
full penetration of the vagina. Mere 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 for consummated rape.” (People vs. Hangdaan,
201 SCRA 568, citing People vs. Oscar, 48 Phil. 527).
“It is enough that there be proof of entrance of the
male organ within the labia of the pudendum, or lips of
the female organ (People vs. Paton-og, 155 SCRA 675;
People vs. Pastores, 40 SCRA 498; People vs. Conchada,
88 SCRA 683; People vs. Selfaison, 1 SCRA 235).
It is not necessary to determine how far the penis
penetrated the vagina for rape to exist. After all —-“Scientific and anatomical distinctions as to where the
vagina commences are worthless in a case of rape; it is
enough if the woman’s body is entered; and it is not
necessary to show to what extent penetration of the
parts has taken place, whether it has gone past the
hymen, or even so far as to touch the hymen.” (People
vs. Basas, 130 SCRA 178, citing Stwart on Legal
Medicine, p. 137; State v. Johnson, 91 Mo. 439, cited in
Hernandez case).
In People vs. Erinia, 50 Phil. 998, it was ruled:
“It has been suggested that the child was of such tender
age that penetration was impossible; that the crime of
rape consequently was impossible of consummation; and
that, therefore, the offense committed should be treated
only as abuso dishonestos. We do not think so. It is
probably true that a complete penetration was
impossible, but such penetration is not essential to the
coinmission of the crime; it is sufficient if there is a
penetration of the labia.”
The important consideration in rape is the penetration
of the pudenda and not emission of seminal fluid (People
vs. Bacalso, 195 SCRA 55; People vs. Eclarinal, 182 SCRA
106; People vs. Magaluma, 205 SCRA 266).
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