RAPE (RPC, ART.
266-A) o When the woman is under 12
2 KINDS OF RAPE
1. Traditional Rape
- Penile penetration into the female sex organ
and which can be committed by a male only
and where the victim is a female only
ELEMENTS
i. Offender is a man;
ii. Offender had carnal knowledge of a
woman;
iii. Such act is accomplished under any of the
following circumstances:
 By using force or intimidation (there must
be resistance)
 When the woman is deprived of reason or
otherwise unconscious
 By means of fraudulent machinations or
grave abuse of authority; or
 When the woman is under 12 years of age
or demented
2. Rape through Sexual Assault
- Either a penile insertion into the mouth or
anus or a non-penile insertion into the sex
organ or anus
ELEMENTS
i. Offender commits an act of sexual assault;
 The act of sexual assault is committed
by any of the following means
o By inserting his penis into
another person’s mouth or
anal orifice; or
o By inserting any instrument or
object into the genital or anal
orifice of another person
ii. The act of sexual assault is accomplished
under any of the following circumstances:
o By using force or intimidation; or
o When the woman is deprived of
reason or otherwise
unconscious; or
o By means of fraudulent
machination or grave abuse of
authority; or
years of age or demented
Eto regarding dun observations ko sa affidavit nila at
itong mga elements (hahaha)
RE: ELEMENTS (Traditional Rape)
Offender is a man ✓
Offender had carnal knowledge X
- Eto kailangan pa nila iprove din (refer to nos.
16 to 22)
- Eto research ko lang ah regarding the matter
(hahaha) insert ko na din sources dito;
ALCHOL IS A DIURETIC, meaning pinapaihi ka
(https://hydralyte.com.au/alcohol-
hangovers/), causing dehydration;
DEHYDRATION CAN CAUSE VAGINAL PAIN,
“Failure to drink enough water can dry you out
down there, especially since the vagina has
sensitive skin. If your vagina is regularly
dehydrated, you can get itchiness, burning, and
pain down there, Ross says—and it could lead to
or exacerbate a yeast infection.”
(https://www.glamour.com/story/if-youre-
dehydrated-your-vagina-might-be-too)
- HANGOVERS
o Can Hangovers Cause Body Aches?
o Does drinking along cause aches in the
muscles and joints? In short, yes,
hangover back pain and other aches
can be part of the standard morning
after drinking symptoms.
o Ways a Hangover Can Cause Body
Pain
o To understand the ways a hangover
may cause body aches, it is important to
recognize that it is not an exact
condition, but rather a collection of
symptoms people commonly
experienced after drinking heavily, with
some people experiencing certain signs
more than others. These symptoms can
all be traced back to the consumption of
alcohol and subsequently the absence of
it, including hangover body aches.
However, their exact causes may be
varied. Here are some ways morning
after drinking body aches can be
caused.
 o Sleeping in Uncomfortable Positions at the time of the alleged rape, edi she cannot
o Drunk people often end up sleeping in testify as to the surrounding circumstances of
uncomfortable positions. Sometimes the alleged rape
this is because the drinker passes out,
but it may also happen when sleeping
on couches at other’s homes or just
because the person did not take care to
get into a comfortable position when
going to bed. Hangover neck pain, for
example, is associated with poor sleep
positions.
o Dehydration
o Heavy drinking is associated with
dehydration. In turn, dehydration can
cause muscle aches and other types of
body ache. The pains associated with
dehydration as a result of drinking are
wide-ranging. Hangover sinus pain may
be the result the sinuses becoming too
dry. Neck pain with a hangover can be
from a lack of lubrication in the joints.
o (https://alcorehab.org/hangover/effec
ts/body-ache/#can)

Regarding the other grounds:

- Kailangan din nila maprove force and
intimidation; prove that the alleged rape
happened while she was unconscious as per
the facts and affidavit or deprived of reason
(since pwedeng self induced na yung
“deprived of reason” for failure to refuse na
uminom since wala din sa facts nor affidavit
that she was forced to drink, she was merely
ENCOURAGED NOT FORCED)
- FRADULENT MACHINATION (Machination -
Contriving a plot or conspiracy. The act of
planning or contriving a scheme for executing
some purpose, particularly an evil purpose; an
artful design formed with deliberation) was it
planned our client to consummate the alleged
rape? Kailangan nila iprove (if eto ground) na
planado yung pang rarape ng client natin
- Neither is there grave abuse of authority, them
being students
- Christy was neither 12 years old nor demented
at the time of the alleged rape

YUNG SA 2ND KIND OF RAPE NAMAN

- Insertion of penis or any instrument sa mouth
or any orifice; as she said she was unconscious