In Rape, Penetration NOT Essential

In the crime of rape, penetration is an essential act of execution to produce the felony. Thus, for there to be an attempted rape, the accused must have commenced the act of penetrating his sexual organ to the vagina of the victim but for some cause or accident other than his own spontaneous desistance, the penetration, however slight, is not completed. (People v. Valledor, G.R. No. 129291, 03 July 2002, 383 SCRA 653)

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