SC clarifies when rape is committed in landmark ruling READ MORE:
“The safety and dignity of all persons are worth the disconcerting conversation that must be had, if is to dispense with honest justice,” the SC said.
That decision held that carnal knowledge, as an element of rape, does not require full penetration of the female organ. However, the SC upheld the conviction of Agao for one charge of statutory rape, which occurred when the victim was 10 years old. The other charge should be reduced to simple rape, as it happened when the victim was 13 years old, the SC declared.
“A clarification is overdue given that an error in the appreciation of the exact anatomical situs of the genital contact amounts to the justice system’s complicity in the improper imposition of penalties,” the tribunal added. Thus, in laying down the operative definition of the minimum threshold for a finding of consummated rape, the SC proceeded to a brief descriptive discussion, with illustrations, of the parts of the external female genitalia.
The Court stressed that such clarification is necessary, as otherwise any nature and degree of touch of a penis of the female genitalia can be considered consummated rape.
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