Thursday, September 17, 2015

RPC: Two Modes of Rape and Common Misconceptions About the Crime.

Many of us are familiar with the term rape but there are actually two (2) modes of rape under RA 8353 (Oct. 22, 1997). Rape may be distinguished through the mode in which which it was committed, to wit:

Classic Rape:

  1. The offender is always male.
  2. The victim is always a female.
  3. Committed through penile penetration of the vagina
  4. Penalty is greater than that provided for under sexual assault.

Rape by Sexual Assault:

  1. The offender may be male or female. Gender here is of no moment.
  2. The victim may be male or female. Gender here is of no moment also.
  3. Rape is committed by inserting the penis into another person's mouth or anal orifice, or any instrument or object into the genital or anal orifice of another person.
  4. The penalty is lower than that provided in Classic Rape.

How is rape consummated in Classic or Traditional Rape? The Supreme Court held in People of the Philippines vs. Orilla GR No. 148939-40, 2/13/04, that (T)he mere introduction of the penis into the labia majora of the victim's genitalia engenders the crime of rape. Hence, it is the "touching or "entry" of the penis into the labia majora or the labia minora of the pudendum of the victim's genitalia that consummates rape. Simply stated, the mere fact that the penis touches any part of the labia majora or labia minora, the crime of rape is already consummated. Complete penetration is not necessary to convict for consummated rape since the slightest penetration will suffice. The SC clarified that "slightest penetration" to mean that there must be sufficient and convincing proof that the penis indeed touched at the very least the labias of the female organ. (Pp vs Bon)

Some people may argue that there is no rape because the victim's hymen is intact, such concept is hogwash. The presence or absence of a hymen is not material in the crime of rape. As stated, even the slightest penetration or touching of the penis on the labia majora/labia minora is already sufficient. The Supreme Court even stated in 1994 that (I)n rape cases, there are no half measures or even quarter measures nor is their gravity graduated by the inches of entry. Partial penile penetration is as serious as full penetration; the rape is deemed consummated in either case. In a manner of speaking, bombardment of the drawbridge is invasion enough even if the troops do not succeed in entering the castle.

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