This case has been cited 3 times or more.
|
2014-06-11 |
LEONEN, J. |
||||
| Rape is qualified when "the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim."[53] The elements of qualified rape are: "(1) sexual congress; (2) with a woman; (3) [done] by force and without consent; ... (4) the victim is under eighteen years of age at the time of the rape; and (5) the offender is a parent (whether legitimate, illegitimate or adopted) of the victim."[54] | |||||
|
2014-06-11 |
LEONEN, J. |
||||
| To this court's mind, there can be no greater source of fear or intimidation than your own father one who, generally, has exercised authority over your person since birth. Delay brought by fear for one's life cannot be deemed unreasonable. This court has recognized the moral ascendancy and influence the father has over his child.[61] In cases of qualified rape, moral ascendancy or influence supplants the element of violence or intimidation.[62] It is not only an element of the crime, but it is also a factor in evaluating whether the delay in reporting the incident was unreasonable. | |||||
|
2014-03-26 |
LEONARDO-DE CASTRO, J. |
||||
| To warrant the imposition of the death penalty, the following additional elements must be present: (1) that the victim is under eighteen years of age at the time of the rape, and (2) the offender is a parent (whether legitimate, illegitimate or adopted) of the victim.[34] | |||||