CRIMINAL LAW:

REVISED PENAL CODE

BOOK 2
 TWO FORMS OF RAPE

The Revise Penal Code recognizes 2 forms of committing

rape:

1) Rape by Sexual Intercourse (Traditional form of rape)

2) Rape by Sexual Assault (Expanded concept of Rape)

Note: Violence and intimidation are inherent in

Rape.
 COMMON CHARACTERISTICS

General Rule:
There is no rape when the victim consents to freely
engaging in the sexual activity, even if later the victims
experiences pain or discomfort. (PRESENCE OF CONSENT -
NO RAPE).

Exception:
If the victim is below 16 years old (Statutory Rape)
If the victim is Insane or demented
Joe, 20 years old, convinces his girlfriend Ana, 15 years, to lose
her virginity, she whole heartedly agrees. Later, Ana’s father
files a Rape case against Joe. Despite Ana’s consent, did Joe
commit Rape?

YES. Ana is below 16 years old or below the age of sexual

consent. Therefore, a 15 year old cannot legally give her consent to
the sexual act. Joe can be prosecuted for Rape.

Assuming Ana is 18 years old but is medically insane, Is joe still liable?

Yes, an insane person regardless of age cannot fully give consent

because they cannot fully appreciate their mental faculties. A person
who has sex with an insane man or woman is still liable for Rape.
Assuming that Ana is 18 years old and sane. Ana and
Joe engaged in the sexual act. While the Joe’s penis
was inside Ana, Ana suddenly change her mind and
screamed for help. Can Joe be held liable for Rape?

No. If the victim consented to have sex in the

beginning, the offender cannot be held liable if the
former withdraws consent during the act.

Note: What is important is the consent given before

the INSERTION of the object or the penis into the
other person.
 TWO FORMS OF RAPE

The Revise Penal Code recognizes 2 forms of committing

rape:

1) Rape by Sexual Intercourse (Traditional form of rape)

2) Rape by Sexual Assault (Expanded concept of Rape)

 Rape by Sexual Intercourse

Definition:

RAPE BY SEXUAL INTERCOURSE refers to

carnal knowledge (sex) by a man against a
woman by force or intimidation.
 HOW RAPE BY SEXUAL INTERCOURSE
IS COMMITTED

CONSUMMATION: The rape is committed the

moment the penis is inserted into the woman’s
vagina without consent.

Pointer: (1) The victim is a WOMAN;

(2) Penis must be inserted in the
VAGINA
While Tanya was walking home from school, Joe
grabs her from behind and drags her to a nearby
sugarcane field. After suffocating her
unconscious, he inserted the tip of her penis
inside her. The police arrived before he could
continue. Is Joe liable for attempted,
consummated or frustrated rape?

CONSUMMATED. Even a slight insertion of the

penis into the vagina will consummate the crime.
It is not required that offender fully inserted his
penis to be held liable for the RAPE BY SEXUAL
Assuming the police arrived 1 second before the
penis touched Tanya’s vagina. Is Joe liable for
Attempted, Frustrated Rape or Consummated
Rape?

ATTEMPTED RAPE. Even if the offender was not able to

consummate the Rape, he is still liable for ATTEMPTED
RAPE considering his criminal act (unconsented act
insertion) was moved by his INTENTION TO RAPE the
victim (MENS REA).

Note: NO CRIME OF FRUSTRATED RAPE IN

PHILIPPINE CRIMINAL LAW.
 The Offender is biologically a man and Victim
is biologically woman

IN RAPE BY SEXUAL INTERCOURSE:

The felony of RAPE BY SEXUAL INTERCOURSE can ONLY be committed

by a Man against woman who are biologically male and female
respectively.

Biologically male and female means that they were born as a man
and the victim is born as a woman.

Therefore, Rape by sexual intercourse CANNOT be committed by a

man against another man or a woman against another woman.
 The Offender is biologically a man and Victim
is biologically woman

June is an 17 year old teenage girl who identifies herself as a boy

and sports men’s wear. June hangs out with his buddies for drinks on
Saturday’s. Having to much to drink, June’s friends began to ravage
him against his will. One by one they took turns forcing their penis
inside his vagina. If prosecuted for Rape can June’s friends
argue that June is a “tomboy” therefore they cannot commit
rape?

NO. The sexual orientation of the woman is not material in

rape. What is important SHE IS BIOLOGICALLY FEMALE. The
moment there is unconsented sexual intercourse the
offenders are liable for Rape by Sexual Intercourse.
Joshua fulfilled his dream of becoming of a woman
because of the breakthrough of medical science. The
sex change gave him the figure of a woman. Ben,
Joshua’s 15 year live-in- male partner, unlawfully
engaged in sexual intercourse against Joshua after
Joshua refused because they were not married. Is
Ben liable for Rape by Sexual Intercourse?

No. Rape by Sexual Intercourse requires that the

victim be BIOLIGICALLY FEMALE. A sex reassignment
merely changes the outward appearance to that of a
woman but does not remove the victim’s status as a
BIOLOGICAL MALE.
 3 SUBFORMS OF RAPE BY SEXUAL
INTERCOURSE AGAINST A WOMAN
The Revised Penal Code and the Anti – Rape Law
recognizes 3 subforms of committing RAPE BY SEXUAL
INTERCOURSE AGAINST A WOMAN

(1) STATUTORY RAPE (3) QUALIFIED

RAPE OF A MINOR

(2) QUALIFIED RAPE

 STATUTORY RAPE
(1st mode of Rape by Sexual Intercourse)

DESCRIPTION:

If the rape by sexual intercourse is committed against a woman who is

between 7 years of age to 15, the offender specifically commits
STATUTORY RAPE.

For example: Mindy, 14 years old, is forcibly raped by Jack in her vagina.
Jack is liable for STATUTORY RAPE

Points to consider:
(1)Knowledge of the offender as the age of the victim is not material;
(2)Consent of the victim to engage in sex is not material;
 QUALIFIED RAPE
Description:

Rape by Sexual Intercourse committed against a woman

who with AT LEAST ONE of the following SPECIAL
QUALIFYING AGGRAVATING CIRCUMSTANCES provided
under the Anti Rape Law will hold the offender liable for
QUALIFIED RAPE.
 SPECIAL QUALIFYING AGGRAVTING
CIRCUMSTANCE UNDER THE ANTI – RAPE LAW

1. CRUELTY

2. VICTIM IS RAPED UNDER THE CUSTODY OF LAW

ENFORCEMENT

3. VICTIM IS RAPED IN FRONT OF HER PARENTS, CHILDREN,

OR ANY RELATIVE WITHIN 3RD CONSANGUINITY;

4. VICTIM IS RAPED BY HER PARENTS, ASCENDANTS,

GUARDIAN OR COMMON LAW PARTNER OF ONE OF THE
 SPECIAL QUALIFYING CIRCUMSTANCE UNDER
THE ANTI – RAPE LAW
5. victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be such
by the offender.

6. If the victim is below 7 years old;

7. If the woman is killed (homicide) during the rape;

(RAPE with Homicide).

8. When the victim is infected with a sexually

transmitted disease or virus (for example HIV or AIDS).
 SPECIAL QUALIFYING CIRCUMSTANCE UNDER
THE ANTI – RAPE LAW
9. victim has suffered permanent physical mutilation or
disability;

10. The offender intentionally raped a pregnant woman;

11. When the victim knew of the mental disorder or

incapacity of the rape victim;

12. Offender is a law enforcer who takes advantage of

his public position in order to rape the victim;
 QUALIFIED RAPE
“CRUELTY”

Description:
The offender unnecessarily increases the physical suffering
of the rape victim during the sexual intercourse.

For example: The offender places cogon grass around his penis to
augment her pain during the insertion.

Note: If the act of violence is NECESSARY to commit rape it is

only SIMPLE RAPE BY SEXUAL INTERCOURSE because
 QUALIFIED RAPE OF A MINOR

Description:

The rape victim is below 16 years of age (15 or below)

and there is at least 1 special qualifying aggravating
circumstance present.
 For example:

Liela, 14 years old, was caught stealing another woman’s

wallet. SP01 John detained Leila at Back up 4 until her
parents arrived. However, SP01 tricked Leila into having sex
with him. What crime is SP01 John liable for?

QUALIFIED RAPE OF A MINOR.

This sub form of Rape by Sexual intercourse requires the rape

victim to be below 16 years old (STATUTORY RAPE) and the
presence of at least 1 special qualifying aggravating
circumstance (QUALIFIED RAPE).
James is the in driver of Mr. and Mrs Cruz. When no
one else was home except him and the Cruz’s 6 year
old child Lea, James inserted his penis into her tiny
vagina. What crime did James commit.

QUALIFIED RAPE OF A MINOR. Lea age is 6 years old

at the time of the unlawful sexual intercourse:

1) She is below 16 years old (Statutory Rape) and

2) She is below 7 years old (Qualified Rape).

 RAPE BY SEXUAL ASSAULT (2ND FORM
RAPE)
Description:

This rape is committed when a man or woman forcibly

inserts, without consent, any object into (1) mouth, (2) anal
orifice (anus) or (3) vagina if the victim is a woman;

or when it is inserted into the (1) mouth or (2) anal orifice if

the victim is a man.
 RAPE BY SEXUAL ASSAULT IS A GENDERLESS CRIME

Unlike in Rape By Sexual Intercourse (1st mode),

Rape by Sexual Assault is a genderless crime
or can be committed by either a man or a woman
against another man or a woman.

In other words, in this form of rape even a man

can be a victim.
While Leo was sleeping, Bron inserted his penis into
the mouth of Leo. Can Bron be held liable for Rape?

Yes. Bron committed Rape by Sexual Assault. This form of

rape can be committed by a man against another man.

Assuming Bran inserted a ruler into the mouth of

Leo without consent, is Bran still liable for Rape by
Sexual Assault?

Yes. Aside from the penis “object” refers to anything that

inserted to mouth or anus of the male victim.
 Unconsented insertion of an “object” to any
of the following consummates RAPE BY
SEXUAL ASSAULT

SEXUAL ASSAULT SEXUAL ASSAULT AGAINST

AGAINST A MAN A WOMAN

1. MOUTH;
1. MOUTH; or
2. ANUS; or
2. ANUS
3. VAGINA
 WHAT IS CONSIDERED AN OBJECT?
Description:

Insertion of anything solid that is foreign to the body of the victim (male or
female) is considered an “object” for purposes of Rape by Sexual Assault.
Specifically, it includes the following:

(1) Inanimate objects (such as a pencil, a rock, a toy, a book, etc).

(2) The offender inserts any part of his or her body into the victim (a finger, a
toe, a hand, elbow, a tongue, penis etc.)
 WHAT IS CONSIDERED AN OBJECT?

For example:
Mark forcible jams a pencil into the anus of Leslie
without her consent. Is he liable Rape by Sexual
Assault?

Yes. Because insertion of an object into the

victim’s (male or female) anus is Rape by
Sexual Assault.
Assuming that Mark inserted his penis into the
anus of Leslie without her consent, is liable for
Rape by Sexual Assault or Rape by Sexual
Intercourse?

RAPE BY SEXUAL ASSUALT, insertion of the penis

into the woman’s mouth or anus is Sexual Assault.

Assuming Mark inserted the Penis into the vagina?

RAPE BY SEXUAL INTERCOURSE

Joshua fulfilled his dream of becoming of a woman
because of the breakthrough of medical science. The
sex change gave him the figure of a woman. Ben,
Joshua’s 15 year live-in- male partner, unlawfully
engaged in sexual intercourse against Joshua after
Joshua refused because they were not married. Is
Ben liable for Rape by Sexual Intercourse?

No. Rape by Sexual Intercourse requires that the

victim be BIOLIGICALLY FEMALE. A sex reassignment
merely changes the outward appearance into a
woman but does not remove the victim’s status as a
BIOLOGICAL MALE.
Instead, can he be held liable Rape by Sexual
Assault?

No. Rape by Sexual Assault contemplates an insertion

into an object (i.e. the penis) into the mouth or the anus
of the victim. An artificial vagina is not covered under
the definition.

Note: Since neither Rape by Sexual Intercourse nor

Rape by Sexual Assault is committed. Joshua is
only liable for ACTS OF LASIVIOUSNESS.