Rape

The words "carnal knowledge" form the legal term for "sexual intercourse." The crime of rape is punishable by reclusion perpetua, as death, the only other penalty for it, was repealed in by RA 9346 in 2006. It won't matter anymore if the victim became insane during or after the rape; if it was committed by 2 or more persons; with the use of a deadly weapon; or, homicide was committed as a result, the penalty is still reclusion perpetua (but there are some exceptions, which we will take up in this post.) There are 2 modes by which rape is committed: (1) Rape through sexual intercourse; and (2) Rape by sexual assault.

Rape by Sexual Intercourse

This form or rape is also referred to as "penile rape" or "organ rape." In it, the victim is always a woman while the offender is always a man. Any of the following circumstances are present in this type of rape:

1.) The use of force, threat or intimidation.

2.) The use of grave abuse of authority or fraudulent machinations.

3.) If the victim is unconscious or deprived or reason.

4.) Even if none of the above circumstances are present, it's still rape if the victim is below 12 years old or insane (in this case, it's called Statutory Rape.)

Rape by Sexual Assault

This form of rape is also termed "object or instrument rape," "manual rape," "gender-free rape" and "homosexual rape." Gender in this type of rape is not an issue. What is important here is that the offender either inserted his penis into the victim's mouth or anus, or any other object (such as a hand, finger, bottle, etc.) into the victim's genitalia or anus.

If any of the following circumstances are present, it will become qualified rape and is generally punishable by reclusion temporal to reclusion perpetua:

1.) If the victim is below 18 years old and the offender is a parent, ascendant, step-parent, guardian, 3rd degree relative or common law spouse of the victim's parent.

2.) If the victim is in police or military custody or in any law enforcement or penal institution (The penalty here is prision mayor.)

3.) If it's committed in the presence of the victim's spouse, parents, children or other 3rd degree relatives.

4.) If the victim is a religious (nun, etc.) engaged in religious activity and is personally known to the offender before or during the rape.

5.) If the victim is below 7 years old.

6.) If the offender knows he is suffering from AIDS or any other STD and the victim becomes infected by it.

7.) If the offender is a member of the police, military or other law enforcement and took advantage of his position to commit the crime.

8.) If the victim suffers permanent physical mutilation or disability as a result of the rape.

9.) If the offender knew that the victim was pregnant at the time of the rape.

10) If the offender knew the victim was mentally or physically disabled at the time of the rape.

If the victim becomes insane as a result of the rape or during it, the penalty is reclusion temporal. The penalty is reclusion temporal to reclusion perpetua if homicide was committed during or after the rape (it's a special complex crime.) If a deadly weapon was used or if the rape was committed by 2 or more persons, the penalty is prision mayor to reclusion temporal. 

A valid marriage between the victim and the offender will extinguish the crime; but remember that rape can also be committed by a husband against his wife if he makes her have sex with him against her will. If the marriage is void, the crime isn't extinguished.

Signs of resistance (like defensive scars) or situations not allowing the victim to give a valid consent (being drugged, for instance,) will be considered as evidence of rape. In case of resistance, mere reluctance won't suffice. There must be some resistance (unless the victim is the child of the offender.) Resistance also doesn't have to be tenacious, unlike under the old law on rape. Also, there is rape even if consent was given later (People vs. Dayo, 51 Phil 102.)

Partial deprivation of reason will suffice in sexual assault, such as in the case of drugs.

In proving or disproving rape, these things must be remembered:

1.) A rape charge is difficult to prove, but more difficult to disprove even if the accused is innocent.

2.) Since, generally, only 2 people are involved, the complainant's testimony must be scrutinized  with extreme caution. The complaint could be fabricated.

3.) The defense's weakness isn't important. The prosecution must have a strong case.