This case has been cited 3 times or more.
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2014-10-08 |
BERSAMIN, J. |
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| The basic element of rape then and now is carnal knowledge of a female. Carnal knowledge is defined simply as "the act of a man having sexual bodily connections with a woman,"[16] which explains why the slightest penetration of the female genitalia consummates the rape. In other words, rape is consummated once the penis capable of consummating the sexual act touches the external genitalia of the female.[17] In People v. Campuhan,[18] the Court has defined the extent of "touching" by the penis in rape in the following terms: [T]ouching when applied to rape cases docs not simply mean mere epidermal contact, stroking or grazing of organs, a slight brush or a scrape of the penis on the external layer of the victim's vagina, or the mons pubis, as in this case. There must be sufficient and convincing proof that the penis indeed touched the labias or slid into the female organ, and not merely stroked the external surface thereof, for an accused to be convicted of consummated rape. As the labias, which are required to be "touched" by the penis, are by their natural situs or location beneath the mons pubis or the vaginal surface, to touch them with the penis is to attain some degree of penetration beneath the surface, hence, the conclusion that touching the labia majora or the labia minora of the pudendum constitutes consummated rape. | |||||
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2008-10-17 |
CHICO-NAZARIO, J. |
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| The alleged inconsistency between AAA's Sinumpaang Salaysay and the medical findings of Dr. Soliman is immaterial. Whether or not AAA felt pain in her vagina during the rapes is beside the point since virginity is not an element of rape. Further, rape is consummated from the moment the offender had carnal knowledge of the victim.[73] Full penetration of the vagina is not essential; any penetration of the female organ by the male organ, however slight, is sufficient.[74] AAA testified that appellants inserted their penis into her vagina through force and intimidation. | |||||
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2008-06-17 |
CHICO-NAZARIO, J. |
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| Rape is consummated from the moment the offender has carnal knowledge of the victim.[56] Carnal knowledge is synonymous with sexual intercourse.[57] There is carnal knowledge if there is the slightest penetration of the sexual organ of the female by the sexual organ of the male.[58] All the elements of the offense, namely, (a) that the offender had carnal knowledge of a woman; and (b) that the same was committed by using force and intimidation,[59] were already present and nothing more was left for the offender to do, having performed all the acts necessary to produce the crime and accomplish it. Full penetration of the vagina is not essential; any penetration of the female organ by the male organ, however slight, is sufficient. Entry of the penis into the labia or lips of the female organ, even without rupture of the hymen or laceration of the vagina, is sufficient to warrant conviction for consummated rape. Thus, complete or full penetration of the vagina is not required for rape to be consummated. Any penetration, in whatever degree, is enough to raise the crime to its consummated stage.[60] | |||||