Statutory rape

Article 266-A of the Revised Penal Code (RPC) provides:
ART. 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:
  1. Through force, threat or intimidation;
  2. When the offended party is deprived of reason or is otherwise unconscious;
  3. By means of fraudulent machinations or grave abuse of authority;
  4.  When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above should be present;
2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. (Emphases supplied)

When the offended party is under 12 years of age, the crime committed is “termed statutory rape as it departs from the usual modes of committing rape. What the law punishes is carnal knowledge of a woman below 12 years of age. Thus, the only subject of inquiry is the age of the woman and whether carnal knowledge took place. The law presumes that the victim does not and cannot have a will of her own on account of her tender years.” (People v. Dollano, Jr., G.R. No. 188851, October 19, 2011)

In People v. Crisostomo (G.R. No. 196435, January 29, 2014), the prosecution was able to satisfactorily establish all the elements of statutory rape. “AAA” testified that on April 8, 1999, appellant took off her clothes and made her lie down. Appellant also removed his clothes, placed himself on top of “AAA,” inserted his penis into her vagina, and proceeded to have carnal knowledge of her. At the time of the rape, “AAA” was only six years of age. Her birth certificate showed that she was born on April 4, 1993. “AAA’s” testimony was corroborated by Dr. Emmanuel Reyes who found “AAA” to have fresh and bleeding hymenal lacerations.

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