SEX CRIMES

Criminological Characteristics:
1. It is one of the ancient and universal crimes. It existed
since the dawn of history. Although, considered a crime
by almost all countries of the world, societys reaction to
its repression depends on the moral value and its gravity
as a social problem.
2. There is a close physical contact between the offender
and the victim. Murder and homicide may be committed
with the offender at a distance from the victim.
3. As a general rule, it is a crime committed by one sex
against the opposite sex.
4. Sex is an inborn instinct. Any person without sex desire
is considered abnormal. Satisfaction of the sexual instinct
must be, in a way, acceptable by the moral standard.
What is punishable is the anti-social means of attaining
sexual gratification.
In other crimes, no man is normally born with such
criminal instinct. Murderers, defrauders, and other
violators of the criminal law are not inborn characters of
individuals.
5. Except probably the crime of rape and forcible
abduction, most of the sex crimes do not belong to the so
called conventional crimes. Considering other sex acts as
crime depends on the moral value existing in a society.
Seduction and consented abduction are considered as
crimes in the Philippines but not in other countries.

6. Many sex crimes are committed but not reported; if

reported,
not
investigated;
if
investigated,
not
prosecuted. This is on account of the fact that undue
publicity may be prejudicial to the reputation of the
victim.
7. It is a crime committed in strict privacy. If committed in
public the offender must be a mental deviate. Reliance
must therefore be made by the investigating officer or
court on the testimony of the victim corroborated by the
medical findings.
8. Although it is more frequent among the lower socioeconomic class those who belong to the middle and
upper classes are not immune in the commission of the
crime.
9. Unlike other crimes, pardon, forgiveness or marriage
between the offender and the victim will extinguish the
criminal liability of the offender.
10. There is a seasonal variation in the frequency of
commission. It is not the season that causes the variation
but the social forces that may be present in a specific
season. The month of May, for example, has more cases
of sex offenses because Mayflower festivals, fiestas,
picnics, excursions, etc. are frequent during this month.
11. The severity of punishment does not deter its
commission. Its frequency has not been appreciably
reduced by Capital Punishment.

12. Its occasional consequence (pregnancy) becomes a

legal problem, e.g. support, abortion, legitimacy,
unwanted child, inability to find a means of livelihood,
etc.
13. If the offender is of past middle age, usually the
victims are children. The primary reason is that old men
will be ignored by elderly women so they focus their
attention on children who can easily be enticed by
candies or other things of value.
14. The psychic trauma suffered by the victims of sex
crimes varies with the moral standard of the victim.
Women of the Maria Clara type with morality of the
Puritan Standard may inflict fatal or serious injuries on
the offender. Some may develop a feeling of
worthlessness and as a consequence, may lead to selfdestruction, while others may become mentally
deranged. Others may have a strong belief in the
machinery of justice and file the complaint, but a great
number of those who seek justice later become amenable
to an amicable settlement.
Other victims prefer to conceal the crime for fear of
unfavorable consequences such as social degradation
and maltreatment by parents and other relatives.
RAPE
When and How Rape is Committed Penalties:
Rape is committed by having carnal knowledge of a
woman under any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise
unconscious; and
3. When the woman is under twelve years of age, even
though neither of the circumstances mentioned in the two
next preceding paragraphs shall be present: (Note: The
age limit for statutory rape has been increased by the
Revised Penal Code)

The crime of rape shall be punished by

reclusion perpetua.
Whenever the crime of rape is committed with
the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion
perpetua to (death).
When by reason or on the occasion of rape, the
victim becomes insane, the penalty shall be
reclusion perpetua (death).
When the rape is attempted or frustrated and
homicide is committed by reason or on the
occasion thereof, the penalty shall be likewise
reclusion perpetua (death).
When by reason or on the occasion of the rape, a
homicide is committed, the penalty shall be
(death) Reclusion Perpetua.
Elements of the crime:

1. The offender had carnal knowledge of the woman. The

victim of the crime must always be a woman while the
offender must inferentially be a man because sexual act
must be done by a man and a woman.
2. The carnal relation must be made under any of the
following circumstances:
Use of force or intimidation;
The woman is deprived of her reason or
otherwise made unconscious; or
The woman-victim is less than 12 years of age.
(Note: The age limit for statutory rape has been
increased by the Revised Penal Code)
Meaning of Carnal Knowledge:
Carnal knowledge is the act of the man in having
sexual bodily connection with a woman. There is carnal
knowledge if there is the slightest penetration in the
sexual organ of the female by the sexual organ of the
male. It is not necessary that the vagina be entered or
that the hymen be ruptured.
For the consummation of the crime of rape, it
is not necessary that there is rupture of the
hymen. It is enough that the labia of the female
organ was penetrated.
The Revised Penal Code has provided that the
forcible insertion of an object other than the penis of the
offender also now constitutes rape.

Slightest penetration is enough, proof or

emission is not necessary. The absence of
spermatozoa in the vagina does not negate the
commission of the crime of rape.
Character of the Offended Party:
The fact that the offended party may have been
unchaste before alleged sexual at was consummated with
force and intimidation constitute no defense. The person
is guilty of rape if force and violence were used
regardless of the good or bad morals of the offended
party.
Evidences of Force or Intimidation:
The mere initial reluctance of the offended party or
verbal refusal alone will not prove force. It must be a
manifested and tenacious resistance that is required by
law.
When the force is an element in the crime of rape, it
need not be irresistible. As long as it brings about the
desired result, all consideration whether it is more or less
irresistible are beside the point.
When the offended girl states that she defended
herself against the accused as long as she could, but he
overpowered her and held her till her strength yielded,
then accomplished his desire, there is evidence of
sufficient force.
The offended woman shouted, struggled and kicked
the accused but the offender pressed a hunting knife on

her throat, overcame her resistance and succeeded in

having sexual intercourse with her. Rape was committed.
If the offender is the father of the girl who is of a
tender age, it is not necessary that there are signs that
she put up a determined resistance.
The employment of force is established not only by
the testimony of the injured girl but also by the signs of
finger grips on the front part of her neck, on the arms and
the fact that the garments worn at the time were torn and
heavily stained with blood.
A strong evidence of force is the presence of physical
injuries found on the person of the victim in the course of
medical examination. Contusions may be found on the
face, arms and thighs. When a woman has been forcibly
made to lie down, she will utilize her elbow as the fulcrum
so that abrasions will be observed on both elbows. In the
attempt of the victim to stand, she will flex her neck
forward. The offender will then push her head backwards,
causing hematoma at the region of the occiput. To
prevent penetration of the male organ she will try to flex
her thighs and knees. The offender will give a strong blow
to the inner aspects of both thighs so that the victim will
be compelled to straighten them.
The victim may suffer all types of physical injuries
depending upon the resistance offered by her and the
degree of force applied by the offender.
Rape Committed by Employment of Intimidation:

The application of threat will cause fear in the victim

of the untoward consequence. If she will not accede to
the will of the offender, the crime may constitute
intimidation.
Inasmuch as intimidation is purely subjective it
cannot be proven by medical evidence.
Rape Committed by Depriving the Victim of Her
Reason or Otherwise Made Unconscious:
1. Deprival of Reason:
a. Rape committed on insane or mentally
deficient woman:
The fact that the victim is a woman, 14 years of
age, feebleminded and can only speak monosyllables is sufficient to constitute the act committed
to be rape (People v Daing, C.A. 49 O.G. 2331).
Sexual intercourse with an insane woman is
considered rape (C.A. 40 O.G. 4237).
The proof of the mental condition of the victim is
the medical findings of the physician who must
certify whether the woman-victim of rape is suffering
from insanity or mental deficiency which is sufficient
to deprive her of her reason.
b. Rape committed while the woman is under
the influence of alcohol of other depressant
drugs:

Inasmuch as the woman is not in possession of

her rational mental faculties, in the absence of a
decided case, this may also be rape.
c. Sexual act on a woman under the influence
of sex stimulating drugs:
In the case of U.S. v Lung (28 p. 235, 37 A.M. St.
Rep. 505), cited by Reyes, where the consent of the
woman was induced by the administration of drugs
which incited her passion and the drug dose did not
deprive her of her reason, the accused was not guilty
of rape.
But if this case should happen in the Philippines
and would be decided by any local court, the case
would constitute rape because the stimulating drug
actually deprived her of her reason.
2. The woman-victim is unconscious:
a. Sexual act committed while the woman is on
her natural
deep:
The woman while asleep felt the weight of a man
in carnal relation with her. Believing that he was her
husband, she called him by his name but received no
answer. She again called him and found out that the
voice was different from that of her husband. She
then pushed him and then ran after him. The
offended party was a deep sleeper in the first hour of
the night and it was not impossible for the accused

to insert his organ into her genitalia before she

awoke. The crime of rape was committed. (People v.
Gorcino, 53 Phil. 234).
b. Sexual act on a woman suffering from
sleeping sickness is also rape because the
woman is unconscious.
c. Sexual act on a woman who is unconscious
because she was knocked-out:
If the offender inflicted physical injuries on a
woman sufficient to make her unconscious before the
sexual act was done, it is a rape.
On seeing a lavishing figure of a woman taking a
bath, the accused hit her and after she became
unconscious, he had sexual intercourse with her. The
accused was found guilty of rape (People v. Sanico,
C.A. 46 O.G. 98).
d. Sexual act after administration of narcotics
or other knock-out drugs:
The sexual act made on a woman while she is
under the influence of narcotics or other depressant
drugs is rape because the woman is unconscious.
3. When the woman is under 12 years of age:
If the carnal relation is made on a female below 12
years of age, it is always rape regardless of whether or
not force or intimidation is applied or the child is not
deprived of her reasons or otherwise unconscious. Rape

of a woman below 12 years old is also called statutory

rape. The sexual act is still rape even if the child
consented or even if the child is a prostitute.
The reason for penalizing carnal relation is that one
must not take advantage of the meager intelligence and
incomplete physical development of a child below the age
of 12.
When the offended party is a girl less than 12 years
old, rape is committed although she consented to the
sexual act (People v. Villamora, C.A. 37 O.G. 497). It is
also rape even if the girl less than 12 years of age is a
prostitute (People v. Perez, C.A. O.G 6337).
Multiple rapes committed by each accused was
independent of the others, because the essence of the
crime of rape consists of carrying out carnal act of the
offender with a woman against her will and each carnal
access consummated is a complete attack on the honor,
person and liberty of the offended woman (People v.
Bernardo, 38 O.G. 3479).
The victim and the accused must immediately be
examined by the physician to have a strong medical
evidence of rape, but the lack of medical examination of
the victim is not an indispensible element in the
prosecution of the crime of rape. Whether or not it will
prosper will depend upon the evidences offered. As long
as the evidences convince the court, a conviction of the
crime of rape is proper (People v. Suarez, C.A. 40 O.G.
28).

When the defendant has sexual intercourse twice in

succession with the complainant, no evidence having
been presented that there was any resistance on her part
or that the defendant had used force, violence and
intimidation, the defendant was acquitted (U.S. v. De
Dios, 8 Phil. 279).
The defendant attempted to commit the crime of
rape in an open field on a woman whom he has courted
for 2 years and in the presence of other persons. The
offended party allowed the defendant to visit her after
the attack. The defendant was acquitted (U.S. v. Estacio,
18 Phil. 432).
A complaint in the prosecution of rape is not valid
unless it is a complaint of the offended party. The
complaint signed and sworn to by the chief of police is
not valid in the prosecution of rape (People v. Manaba, 58
Phil. 665). An information not signed by the offended
party is insufficient to confer jurisdiction on the court to
hear and determine a charge of attempted rape (People
v. Trinidad, 59 Phil. 163).
However, the filing of the complaint by the father of
the offended party who is a girl only fourteen years of age
which alleges the commission of the offense is a sufficient
compliance of the Revised Penal Code to confer
jurisdiction for trial of the offense charged (People v.
Imas, 65 Phil. 419).
Instances When Rape is Punishable by Death:

1. When by reason or on the occasion of the rape, the

victim becomes insane;
2. When the rape is attempted or frustrated and a
homicide is committed by reason or on the occasion
thereof; and
3. When by reason or on the occasion of the rape, a
homicide is committed.
Death of a woman from peritonitis as a result of
having been infected with a venereal disease by a man
having sexual intercourse with her against her will, will
constitute the complex crime with homicide. (People v.
Acosta, 60 Phil. 158).
Medical Evidences in Rape:
1. Evidences from the victim:
Before actual examination is made on the subject, it
is necessary to have a written consent from the subject
herself or from her guardian if the victim is not of age. If
the woman is confined in a correctional institution the
consent may be given by the head of the institution.
A short history of the alleged rape must be taken and
it is advisable to reduce it in writing. The history must
include all the circumstances leading to the abuse, the
age of the victim at the time of the alleged commission of
the offense and also the menstrual history. It may be
used as a guide to the examining physician as to the
different points that must be emphasized in the course of

the examination. Aside from the history, the following

points must also be recorded by the physician.
a. Date, time and place of alleged commission of rape:
This is necessary in order to determine how long a
time has elapsed after alleged commission of the offense
before the victim filed the necessary complaint or
subjected herself to the medical examination. If several
days have gone by before the filing of the complaint, let
her explain the cause of the delay.
The place where the alleged offense was committed
is necessary to determine which court can acquire
jurisdiction over the case.
b. Date, time and place of the examination:
The date of the examination is material to the
determination of the possible findings of the physician on
the victim. A long interval of time between the date of
commission and the examination will remove the
possibility of finding the effects of a recent sexual
intercourse.
c. Condition of the clothings:
If force is applied in the commission of the offense,
there will be tearing, staining with blood and semen, and
soiling of the clothings. The clothings must be preserved
after they have been thoroughly dried for further
laboratory examination.

d. The physician must observe the gait, the facial

expression and the bodily and mental attitude of the
subject. If the victim suffered from genital injuries she
may walk with legs apart and slowly, with the face
manifesting signs that she is suffering from pain.
e. Physical and mental development of the victim:
The height, strength and degree of muscular
development of the woman must be noted to determine
whether she has the capacity to resist any unlawful
aggression. If the victim is a child, examination of the
physical condition is usually not necessary because it is
apparent to the age. In most cases, children are bribed
or lured by attractive articles such as candies by the
offender.
The examiner must observe the mental state of the
victim. She may be in the state of mental shock, under
the influence of depressant drugs, alcohol or sex
stimulants. The offender might have taken advantage of
her sanity or mental deficiency.
The victim may appear exhausted, despondent on
account of the public humiliation she will suffer, or may
be hostile to the investigator. Care and more psychologic
approach is necessary in order to get her full cooperation
and consent.
f. Examination of the body for signs of violence:
If actual force is applied in the commission of the
crime, there must be signs of physical violence on the

body of the victim. Her whole body must be subjected to

inspection. Physical injuries must be described and the
exact location must be determined. Areas of tenderness
or swelling must not be overlooked and if necessary X-ray
pictures must be taken to determine bone lesions.
g. Examination of the genitalia, including the breast:
The breast must be examined for the presence of
finger marks or application of pressure. They might have
been roughly handled or the nipples bitten.
The vulva may show swelling, tenderness, contusion,
abrasion, laceration or may be smeared with blood,
semen and other foreign bodies.
The hymen may show fresh laceration, swelling or
bruising. There may be healed lacerations or signs of
physical virginity.
In the pubic hair, the following medical evidence may
be gathered:
1. Pubic hair of the offender.
2. Semen and spermatoza .
3. Blood stains.
4. Body louse.
Abrasion which is normally found in the posterior
commissure is usually brought about by friction or a
violent attempt of insertion. The vaginal canal may show
obliteration of the rugosities or even purulent discharge.

2. Examination of the alleged offender:

a. Physical development, mental condition and strength:
The relative physical development and strength of
the victim and the offender must be compared to
determine whether the offender can overpower the
resistance offered by the victim.
b. Evidence of physical injuries:
The whole body must be examined. The victim, in the
course of the struggle, may inflict bodily harm to the
offender. Fingernail marks on the neck, arms and chest
may be found. The frenum of the penis may be abraded
or lacerated on account of the violent insertion on a
relatively small vulvar or vaginal opening.
c. Condition of the sex organ:
Aside from the examination of the frenum, washing
from the surface of the penis may reveal blood, seminal
stain, vaginal epithelium and doderleins bacillus. The
urethral meatus may be moist on account of the recent
ischarge.
d. Evidence from the pubic hair:
The pubic hair may be matted together due to blood
stains or from seminal fluid discharge. Examine carefully
for the presence of body louse.
e. Potency of the offender:

The offender may put up a defense that he is

impotent and that it could have been hardly possible that
he had committed the crime. It may be necessary to
subject the offender to a strong sex stimulus sufficiently
under normal condition to produce erection.
f. Evidence of genital infection If the offender is
suffering from venereal disease which is transmitted to
the victim during the criminal act, the crime committed is
rape with physical injuries because infection in law is a
physical injury.
3. Evidences from the companion of the victim:
a. A history of the incident must be taken from the
companion of the victim. Try to see whether they are
consistent with the narration of facts by the victim.
b. If the companion helped the victim when force was
applied by the offender, the companion must be
subjected to a physical and medical examination for the
physical injuries.
c. Examination of the clothings may be necessary for
signs of struggle.
d. Investigation must be made to determine whether the
companion might have participated as an accomplice to
the crime.
e. The mental condition, physical power, age and
emotional state must be taken into consideration to
determine the capacity to resist unlawful aggression from
the offender.

f. Examination must be made as to the presence of

alcohol or other depressants which may diminish the
companions capacity to defend the victim from the
offender.
Investigation of the Crime Scene:
1. Disturbances in the place of commission may infer or
affirm the statement of the victim that she did not offer
resistance.
2. Strands of hair, blood, seminal and other stains may be
recovered to prove consummation and struggle.
3. Pieces of personal belongings of the offender and/or
victim may be recovered to prove identity and physical
struggle.
4. Investigation of witnesses who may possibly be
material to the prosecution of the case may be
conducted.