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Offender: Male
Offended: Female
Carnal Knowledge
Carnal knowledge of a female was one of
the 1st terms used to connote sexual violence
Defined as penile-vaginal penetration
Blacks Law Dictionary: coitus; copulation;
the act of a man having sexual bodily
connections with a woman; sexual
intercourse
Carnal Knowledge
In People vs. Quinanola (G.R. No. 126148, 05 May 1999)
the Court said that carnal knowledge is unlike the
traditional connotation of sexual intercourse, but this
was made in reference to the issue of whether full
penetration of the vagina is required:
In the context it is used in the Revised Penal Code,
carnal knowledge, unlike its ordinary connotation of
sexual intercourse, does not necessarily require that the
vagina be penetrated or that the hymen be ruptured. The
crime of rape is deemed consummated even when the mans
penis merely enters the labia or lips of the female organ
Carnal Knowledge
The problem with using the term sexual
intercourse is that it connotes mutuality and thus
serve to confuse. Rape is rape and sexual
intercourse is sexual intercourse; in consensual
sexual relating, one will never use the word rape,
and no one who has been raped thinks of her
experience as sexual intercourse or sex. So why
use sexual intercourse to refer to a violent act
that is rape?
Cases
The Supreme Court has held that penetration of
the penis by entry into the lips of the female organ
even without rupture or laceration of the hymen
suffices to warrant conviction for rape (People vs. De
Guia, 185 SCRA 336)
Laceration of the hymen is not necessary to prove
the consummation of the crime of rape (People vs.
Tumalad, 188 SCRA 203)
Absence of extensive abrasions on the vaginal
wall does not rule out rape, the slightest
penetration is enough (People vs. Cervantes, 222 SCRA
365)
Rape by SEXUAL ASSAULT
Insertion of PENIS into the MOUTH or ANAL
ORIFICE of another person
Offender: Male
Offended: Male or Female
Unconscious
Asleep
Drugged
Sick
Lack of Consent in Rape Cases
People vs. Salarza
People vs. Salarza may well be a treatise on what
constitutes consent in rape cases. In that case, the
majority opinion of the Court acquitted the accused
because the complainant was half asleep when the
accused committed his acts and she was conscious of
what was being done to her although she claimed that
she thought the person was her boyfriend.
The dissenting opinions given by then Associate
Justices Florenz Regalado and Hilario Davide Jr.
reflect unusual sensitivity and keen discernment of the
psycho-social issues involved in consent.
Lack of Consent in Rape Cases
People vs. Salarza
When a woman is deprived of reason or is
unconscious, she is deemed to have no will, as
distinguished from the first circumstance where force or
intimidation is used, in which case her will is nullified or
destroyed, or that it was committed against her will
The crux of the matter then is the construction and
interpretation of the word unconscious. I submit that
since both being deprived of reason and unconscious
are founded on absence of will to give consent intelligently
and freely, the term unconsciousness, then, should not be
tested by a mere physical standard, i.e., whether one is
awake or asleep, conscious or alert.
(Dissenting opinion of CJ Davide in People vs. Salarza, G.R. No.
117682, August 18, 1997)
Lack of Consent in Rape Cases
People vs. Salarza
Rather, the inquiry should likewise determine whether
the victim was fully informed of all considerations so as
to make a free and informed decision regarding the grant
of consent. It is only through this two-tiered test that a
holistic appraisal of consent may be had.
Reclusion Perpetua
20y 1d 40 y
Penalties:
Rape through Carnal Knowledge
Aggravated Rape:
Reclusion Perpetua to Death
Use of deadly weapon
By two or more persons
Victim becomes insane
Attempted Rape + Homicide
Penalties:
Rape through Carnal Knowledge
Qualified Rape : Death Penalty
Rape + Homicide
Victim minor + Offender is a parent, ascendant,
step-parent, guardian, relative by consaguinity
or affinity w/in 3rd degree (c/a), or the common-
law spouse of the victims parent
Victim under the custody of the police, military
authorities of any law enforcement or penal
institution
Penalties:
Rape through Carnal Knowledge
Qualified Rape : Death Penalty
Full view of spouse, parent, child(ren) or other
relatives w/in 3rd degree of consaguinity
Victim religious engaged in legitimate religious
calling + known by offender at the time of act
Victim under 7 years of age
Offender knows that he has HIV/AIDS or other
STD + virus transmitted to the victim
Penalties:
Rape through Carnal Knowledge
Qualified Rape : Death Penalty
Offender: AFP, paramilitary, PNP, law
enforcement, penal institution + take advantage
of position to facilitate crime
Victim suffered permanent physical mutilation or
disability because of rape
Victim pregnant + offender knew of pregnancy
Victim has mental disability, emotional disorder
&/or physical handicap + offender knew this
Penalties:
Rape by Sexual Assault
Prision Mayor
6 years 1 day 12 years
Penalties:
Rape by Sexual Assault
Prision Mayor to Reclusion Temporal (6y 1d 20 years)
Use of deadly weapon
By two or more persons
RT to Reclusion Perpetua (12y1d 40 y)
Attempted Rape + Homicide
Reclusion Perpetua (20y1d 40y)
Rape + Homicide
Penalties:
Rape by Sexual Assault
Reclusion Temporal (12y1d 20 y)
Victim becomes insane
Victim minor + Offender is a parent, ascendant,
step-parent, guardian, relative by consanguinity
or affinity w/in 3rd degree (c/a), or the common-
law spouse of the victims parent
Victim under the custody of the police, military
authorities of any law enforcement or penal
institution
Penalties:
Rape by Sexual Assault
Reclusion Temporal (12y1d 20 y)
Full view of spouse, parent, child(ren) or other
relatives w/in 3rd degree of consanguinity
Victim religious engaged in legitimate religious
calling + known by offender at the time of act
Victim under 7 years of age
Offender knows that he has HIV/AIDS or other
STD + virus transmitted to the victim
Penalties:
Rape by Sexual Assault
Reclusion Temporal (12y1d 20 y)
Offender: AFP, paramilitary, PNP, law
enforcement, penal institution + take advantage
of position to facilitate crime
Victim suffered permanent physical mutilation or
disability because of rape
Victim pregnant + offender knew of pregnancy
Victim has mental disability, emotional disorder
&/or physical handicap + offender knew this
Republic Act 8505
An Act Providing Assistance & Protection for
Rape Victims, Establishing for the Purpose
a Rape Crisis Center in Every Province and
City, Authorizing the Appropriation of Funds
therefore, and for Other Purposes.
RA 8505
Rape Victim Assistance & Protection Act of 1998
Medico-Legal Officer
Must be of same sex as offended party
Ensure that only persons expressly authorized by
offended party is/are present during the medico-legal
examination
Police Officer
Immediate referral of case to prosecutor for inquest
Arrange for counselling & medical services for victim
Immediately make a report on the action taken
Ensure that only persons expressly authorized by
offended party is allowed in examination room
Inform parties that proceedings can be conducted in a
language or dialect known or familiar to them
Respect for Privacy
& Confidentiality
At any stage of the investigation,
prosecution and trial
The police officer, prosecutor, court & its
officers, as well as the parties
Recognize the right to privacy of the victim
& the accused
Closed-door investigation, prosecution, or
trial when needed to ensure fair &
impartial proceedings & after considering
all circumstances for the best interest of
the parties