Category Archives: Rape

Where the victim is a child, the absence of medical evidence of penetration does not negate the commission of rape

Posted on March 1, 2012 by Erineus

Where the victim is a child, the absence of medical evidence of penetration does not negate the commission of rape. The presence of hymenal lacerations is not a required element in the crime of rape.[14] What is essential is evidence … Continue reading →

Posted in Evidence, Rape | Tagged | Leave a comment

Automatic Suspension of Sentence; Duration; Appropriate Disposition after the Lapse of the Period of Suspension of Sentence

Posted on February 27, 2012 by Erineus

Automatic Suspension of Sentence; Duration; Appropriate Disposition after the Lapse of the Period of Suspension of Sentence           Republic Act No. 9344 warrants the suspension of sentence of a child in conflict with the law notwithstanding that he/she has reached … Continue reading →

Posted in Children and Women, Penalties, Rape | Tagged | Leave a comment

The litmus test xxx in the determination of the civil indemnity is the heinous character of the crime committed, which would have warranted the imposition of the death penalty, regardless of whether the penalty actually imposed is reduced to reclusion perpetua

Posted on February 27, 2012 by Erineus

We have consistently ruled that:             The litmus test xxx in the determination of the civil indemnity is the heinous character of the crime committed, which would have warranted the imposition of the death penalty, regardless of whether the penalty … Continue reading →

Posted in Children and Women, Penalties, Rape | Tagged | Leave a comment

When the offender is a minor under 18 years, the penalty next lower than that prescribed by law shall be imposed, but always in the proper period

Posted on February 27, 2012 by Erineus

the law prescribing the death penalty when rape is committed against a child below seven (7) years old[141]applies. The following, however, calls for the reduction of the penalty: (1) the prohibition against the imposition of the penalty of death in … Continue reading →

Posted in Children and Women, Penalties, Rape | Tagged | Leave a comment

When and how rape is committed?

Posted on May 4, 2011 by Erineus

[In 1997], Congress enacted Republic Act No. 8353, the Anti-Rape law of 1997…  The Revised Penal Code is now amended to read as follows: Article 266-A.  Rape; When and How Committed. – Rape is committed – 1.  By a man … Continue reading →

Posted in Criminal Law, Rape | Tagged | Leave a comment