R AP E A husband can even rape a wife, but subsequent forgiveness extinguishes criminal action.

Forgiveness of the wife to the husband does not extend to the co-conspirators, accomplices or accessories because rape is now a crime against persons (no longer a crime against chastity.) EVIDENCE OF PROVING RAPE: any overt act which manifests resistance of any degree A criminal action for rape is extinguished when the offender is forgiven the offenders wife who herself is the rape victim. THE SITUATION: After raping the woman, the offender killed her and took her personal items. WHAT CRIME/S WAS/WERE COMMITTED? 1. Rape With Homicide by reason or on occasion of rape, homicide is committed (homicide may happen before/after/simultaneous with the rape). 2. Robbery/Theft WHAT IF THE VICTIM SURVIVES? Would your answer be the same? No. There is rape, serious physical injuries (or frustrated murder/homicide) and robbery. No complexing. There will be three separate crimes. 5 DAYS OF SEXUAL ASSAULT NEWS IN TOWN TRICYCLE DRIVER MANAGED TO ESCAPE What crimes are committed and what is the degree of participation? Main intent: kidnapping or abduction?

Abduction perpetrators take a woman from her usual place in order to rape her. Depriving her of liberty was only incidental to the main purpose.
A. Kidnapping with Rape for F, J and R

B. Abduction with rape, as many counts as there are many victims

What is the fine line between abduction and kidnapping? To answer, inquire on the purpose. If it is to satisfy lewd designs, then it is abduction. If it is to deprive her of liberty, then it is kidnapping. LARRAAGA CASE Crime committed: kidnapping with rape (alternative answer: abduction with rape) killing is absorbed, but the supreme penalty of death shall be imposed

If R killed I, his illegitimate daughter after taking her diamond earrings and forcing her to have sex with him, what crime should R be charged with? ANSWER: rape with homicide (this is the title of the crime) Only one crime is to be charged, which is a complex one; the other crimes will be alleged in the information. CASE: NEMECIO BON accused raped his niece; he licked and kissed the vagina of the victim (sinundot-sundot) insertion of the finger constitutes rape by direct assault law applicable at that time did not consider insertion of finger as rape

CASE: BONAAGUA accused licked the vagina of her daughter victim did not tell her mother because of the threats made by the accused RTC: convicted with four (4) counts of rape under 266-B CA: affirmed with modification SC: the accused is guilty of statutory rape; rape through direct assault by using

Cunnillingus use of the tongue on the vagina is rape Felacio use of the tongue on the male genitals (not considered rape)

CASE: MARAHAY Carlito Marahay was charged with five (5) counts of rape for raping his daughters, Mylene (12) and Belinda (14) RTC: convicted (death for each count of rape) Supreme Court: only simple rape was committed (punishable by RP) because the minority of the victims was not proved; age is an element of the crime that has to be alleged and proved o PROOF OF AGE: i. birth certificate (primary evidence)

Age/Minority has to be proven in rape cases. The admission of the accused in open court is not enough.

CASE: ORDINARIO Ordinario, Scout Teacher, is charged with twelve (12) counts of rape by inserting his penis into the mouth of his student (cab scout) RTC: convicted; affirmed by the CA and the SC

BAR QUESTION: Movie Stroking the pubic hair of a 19-year old colegiala cinema What crime was committed? ANSWER: Acts of lasciviousness (lewd designs)

ROBBERY ROBBERY ROBBERY ROBBERY ROBBERY ROBBERY ROBBERY

Special complex crime of kidnapping and serious illegal detention with rape