CHAPTER II

KINDS AND ELEMENTS OF RAPE

Kinds of Rape

Rape may be classified into simple, qualified or statutory. When it is committed with the use of a deadly weapon or by two or more persons, it is qualified (Art. 335, Revised Penal Code as amended by RA 2632, RA 4111 and BA 7659; People vs. Carandang, 52 SCRA 259). If committed without the attendance of any of the said qualifying circumstances, it is simple (People vs. Dela Cruz, L-28810, March 27, 1974; People vs. Oscar, 48 Phil. 527; People vs. Hernandez, 49 Phil. 980; People vs. Gonzales, 58 SCRA 265). Statutory rape is sexual intercourse with a girl under the age of consent as defined by statute (65 AmJur 2d 769). In this jurisdiction, twelve is the statutory age of consent (Art. 335, supra).

The gravamen of statutory rape is merely carnal knowledge of a woman below twelve years of age (People vs. Villegas, Jr., 127 SCRA 195; People vs. Villegas, Jr., 127 SCRA 195; People vs. Dela Cruz, 56 SCRA 84; People vs. Santos, 189 SCRA 25). Force and intimidation are not its essential ingredients. They may be present or absent without affecting the criminality of the carnal knowledge (Paige vs. State, 219 Ga 569, 154 SE ed 7095; People vs. Mangalino, 182 SCRA 329). Nonconsent of a female is not essential, nor consent a defense (69 Am Jur 2d 770).

In statutory rape, proof of intimidation or force used on the victim, or lack of it, is immaterial (People vs. Mangalino, supra).

Thus, if the offended party is less than twelve years old, rape is committed although there is consent to the sexual act. For being of tender age, she does not have the will of her own and the law does not consider any kind of consent given by her voluntarily (People vs. Villamor, 37 OG 947; People vs. Morales, 94 SCRA 191). “It is settled doctrine that carnal knowledge of a girl under twelve years of age is always rape, even if no force or intiiiiidation is used and even if she is not deprived of reason or otherwise made unconscious, and even if she agrees or consents”. (People vs. Villegas, Jr. sup ra, People vs. Pelias Jover, 137 SCRA 160).

The above philosophy manifests the deep concern of the State for the welfare of the child. Such an approach vitalizes further the concept of parens patriae (People vs. Baylon, 57 SCRA 114; People vs. Cawili, 65 SCRA 24).

Elements of Rape

The elements that constitute the crime of rape are carnal knowledge, force or intimidation and the commission of the act without the consent, or against the will, of the woman, oi. where the latter is under twelve years of age, or when she is deprived of reason, or otherwise unconscious. Article 335 of the Revised Penal Code mandates that rape is committed by having carnal knowledge of a woman by using force or intimidation, when the woman is deprived of reason or otherwise unconscious, or when the woman is under twelve years of age or is demented.

Carnal Knowledge

Carnal knowledge means sexual intercourse. It is the actual contact of the sexual organs of a man and a woman. It denotes penetration (15 CJS 471). Penetration means that the sex organ of the male entered the sexual organ of the female (Calhoun v. State, 115 S.W. 265). The slightest penetration is enough for conviction in the crime of rape (People vs. Selfaison, 1 SCRA 235). For a consummated rape to exist, it is not necessary that there be a complete penetration or destruction of the hymen (People vs. Hernandez, 49 Phil. 980). Perfect penetration is not essential. Mere entry into the labia or lips of the female private parts without rupture of the hymen, or laceration of the vagina is sufficient to warrant conviction (People vs. Tirado, 47 OG 12 p 6337; People vs. Oscar, 48 Phil. 527; People vs. Royeras, 56 SCRA 666; People vs. Anonas, 58 SCRA 505; People vs. Rebancos, 172 SCRA 425).

It is settled rule that any penetration, however slight, and whether reaching the hymen or not, is sufficient to constitute the crime of rape (People vs. Hernandez, 49 Phil. 980; People vs. Villamor, 37 OG 974). It is undoubtedly the law that penetration even to the least extent will be sufficient, and this may be inferred from the circumstances of the crime (People vs. Itac, 98 SCRA 644). In the crime of rape, what is essential is evidence of penetration of the offender’s. sex organ into the complainant’s sex organ (People vs. Sato, 163 SCRA 602). Any penetration of the female’s body by the male organ is sufficient (People vs. Alvarez, 163 SCRA 745). Slight penetration, even without emission, is sufficient for conviction (People vs. Bautista, 102
SCRA 483).

“It is settled rule that for rape to be consummated, it is not essential that there be perfect, complete and full penetration of the vagina. Mere entry of the labia or lips of the female organ without rupture of the hymen or laceration of the vagina, is sufficient to warrant conviction for consummated rape.” (People vs. Hangdaan, 201 SCRA 568, citing People vs. Oscar, 48 Phil. 527).

“It is enough that there be proof of entrance of the male organ within the labia of the pudendum, or lips of the female organ (People vs. Paton-og, 155 SCRA 675; People vs. Pastores, 40 SCRA 498; People vs. Conchada, 88 SCRA 683; People vs. Selfaison, 1 SCRA 235).

It is not necessary to determine how far the penis penetrated the vagina for rape to exist. After all —-“Scientific and anatomical distinctions as to where the vagina commences are worthless in a case of rape; it is enough if the woman’s body is entered; and it is not necessary to show to what extent penetration of the parts has taken place, whether it has gone past the hymen, or even so far as to touch the hymen.” (People vs. Basas, 130 SCRA 178, citing Stwart on Legal Medicine, p. 137; State v. Johnson, 91 Mo. 439, cited in Hernandez case).
In People vs. Erinia, 50 Phil. 998, it was ruled:

“It has been suggested that the child was of such tender age that penetration was impossible; that the crime of rape consequently was impossible of consummation; and that, therefore, the offense committed should be treated only as abuso dishonestos. We do not think so. It is probably true that a complete penetration was impossible, but such penetration is not essential to the coinmission of the crime; it is sufficient if there is a penetration of the labia.”

The important consideration in rape is the penetration of the pudenda and not emission of seminal fluid (People vs. Bacalso, 195 SCRA 55; People vs. Eclarinal, 182 SCRA 106; People vs. Magaluma, 205 SCRA 266).