6.

Fernandez
Statutory Rape
Elements of statutory rape:

(1) the offended party is under 12 years of age; and

(2) the accused had carnal knowledge of the victim, regardless of whether there was force, threat, or
intimidation or grave abuse of authority.

(3) that there was sexual intercourse

Thus, to convict an accused of the crime of statutory rape, the prosecution carries the burden of proving

(a) the age of the complainant - as evidenced by her live birth certificate , AAA was only eight years of
age at the time she was sexually molested on 24 September 2007

(b) identity of the accused – there was positive identification of the perpetrator

(c) the sexual intercourse between the accused and the complainant – it was corroborated by Dr
Lorenzo’s medical findings as to the existence of hymenal laceration. When the testimony of a rape
victim is consistent with the medical findings, there is sufficient basis to conclude that there has been
carnal knowledge

RA 8353 – Anti-Rape Law of 1997

"Article 266-A. Rape: When And How Committed. - Rape is committed:

 
      "1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

            "a) Through force, threat, or intimidation;

            
            "b) When the offended party is deprived of reason or otherwise unconscious;
            
            "c) By means of fraudulent machination or grave abuse of authority; and
            
            "d) When the offended party is under twelve (12) years of  age or is demented, even though none
of the circumstances mentioned above be present.

Guidelines in appreciating age of victim in rape cases

1. The original or certified true copy of birth certificate is the best evidence to prove the age of the
victim
2. In the absence of the birth certificate, similar authentic documents – baptismal certificate and
school records – showing the victim’s date of birth may be submitted to the court
3. Should the foregoing be not available on account of loss or destruction, the credible testimony
of the mother or any relative by consanguinity or affinity qualified to testify on matters
respecting pedigree shall be sufficient under certain conditions
4. If all the foregoing cannot be obtained, the testimony of the victim will suffice provided that it is
expressly and clearly admitted by the accused.