QUIZ NOTES Virginity

o Parts of the body to consider:

Child Abuse 1. Breasts
o Elements: 2. Vaginal canal
1. The victim is a child 3. Labia majora and Labia minora
a. Persons below 18 years of age 4. Fourchette
b. Those 18 and over but are unable to fully take care of themselves 5. Hymen
from abuse, neglect, cruelty, exploitation or discrimination because § Hymenal Laceration
of a physical or mental disability or condition 1. Recent – fresh bleeding
2. Maltreatment, whether habitual or not, which includes: 2. After 24 hours – fresh healing, with some swelling
a. Psychological and physical abuse, neglect, cruelty, sexual abuse 3. 4 to 10 days – healed with congested edges, sharp
and emotional maltreatment coaptible borders
b. Any act by deeds or words which debases, degrades or demeans 4. 10 days to 3 weeks – healed with no congestion, sharp
the intrinsic worth and dignity of a child as a human being coaptible borders
c. Unreasonable deprivation of his basic needs for survival, such as 5. More than 1 month – healed laceration, rounded borders
food and shelter o Crimes where virginity is an element:
d. Failure to immediately give medical treatment to an injured child 1. Qualified seduction – seduction of a virgin over 12 – below 18 years of age
result in in serious impairment of his growth and development or in by anyone entrusted with the education or custody of the woman seduced.
his permanent incapacity or death 2. Consented abduction – abduction of a virgin over 12 – below 18 years of age,
o Summarized into: carried out with her consent and with lewd designs.
1. Physical abuse
2. Sexual abuse Death Due to Sexual Act
§ Incest – the child is in a helpless and dependent position and 1. Myocardial Infraction – death from natural causes usually to males because of greater
unable to say no; or simply not mature enough to cope with strong physical exertion during intercourse.
conflicting feelings of sexual relations with a relative. 2. Suffocation, embolism – death of the female partner is usually accidental.
3. Physical neglect 3. Due to defensive act of woman victim.
o Causes: 4. Due to intercourse in enclosed space.
1. Unwanted child
2. Abusive parent Rape
3. Child as center of triangle o Elements:
4. Child as hindrance to socio-economic activities of parent 1. Carnal knowledge of a woman by a man;
o Medical Evidence of Abuse 2. Through sexual assault (ex. insertion of penis into anal orifice or mouth, or
1. Skin imprints from objects insertion of object or instrument to genital or anal orifice)
2. Multiple bruises or scars 3. Committed through either:
3. Multiple small burns or emersion burn levels a. Force, threat or intimidation
4. Multiple fresh healing fractures • Tenacious resistance not required.
5. Trauma to mouth, nose, ears and eyes b. When offended party is deprived of reason or otherwise
6. Head injuries, skull fractures, subdural hematoma unconscious
7. Injuries to genitalia, perivaginal, perirectal, child has sexually transmitted • Drugs – Rohypnol – date rape drug – causes
disease disorientation, amnesia, muscle relaxation, dizziness,
8. Child neglect – malnourishment, poor hygiene, infection, poor growth and etc. within 20 minutes after intake.
development, in need of medical attention, dental work, glasses • Alcohol – take 22ml of 40% per hour in order not to
accumulate alcohol in the body. (1 cup = 250ml).
Shaken Infant Syndrome – a serious brain injury caused by forcefully and violently shaking a baby. o Factors:
1. No signs of external injury i. Food in stomach
2. Intracranial and intraocular hemorrhages ii. Type and concentration of alcohol
3. May cause motor defects, mental retardation, vision impairments that are not noticeable iii. Circumstances under which alcohol
until child reaches school age is consumed
iv. Drinker’s constitutional state
Cruelty to Children (Sanchez v. People) o Percentage – effect
1. Enumerated in Art. 59 of PD 603; i. 0.05% - disrupted judgment
2. Child abuse; ii. 0.10% - clumsy voluntary motors
3. Child cruelty; iii. 0.20% - depressed motor function
4. Child exploitation; iv. 0.30% - confusion
5. Being responsible for conditions prejudicial to the child’s development. v. 0.40-0.50% - coma
o Alcohol metabolizes in the liver
c. Fraudulent machinations, grave abuse of authority

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 • Consider personality, intellectual capability and A person is lying or nervous (People v. Adoviso)
circumstances of victim. 1. Dryness of mouth, licking of lips
d. Victim under 12 years of age or demented 2. Shaking or trembling
3. Perspiration
Profile of Rapists 4. Increased heartbeat
1. Solitary, socially inadequate man with low self-esteem 5. Faster pulse, slight pulsing of neck arteries
2. Primary aim is to reassure themselves of their masculinity by exercising power over 6. Rapid breathing
their victim 7. Flushing of face
3. Motivated by either anger or assertion of power
Polygraph – lie-detecting machine
Experiences of Victims of Rape Factors Does not work when Measures
1. Shock, disbelief, fear and anxiety 1. Subject 1. Subject has taken drugs 1. Depth of breathing
2. Loses appetite 2. Equipment 2. Makes deliberate 2. Changes in skin
3. Trouble maintaining normal family or occupational life 3. Operator muscular contractions 3. Blood pressure
4. Frightening dreams or irrational fears 3. Psychopathic 4. Pulse rate
5. Sexual dysfunctions personality

Medical Evidence of Rape Victims Hypnosis – brainwaves remain awake, oxygen consumption is the same – induces trance by
1. Found in victim persuading subjects to relax, lose interest in external distractions, focus on hypnotist’s
a. Physical examination suggestions.
b. Mental state examination o Information obtained under hypnosis is not admissible.
c. Examination of clothing
d. Commonly injured extra-genital areas Truth serum – removes person’s inhibitions so he/she is more inclined to tell the truth.
2. Found in offender o Sodium pentathol
a. Physical examination
b. Evidence from sex organ Rule on Examination of Child Witness
c. Pubic hair o Child witness – any person who at the time of testimony is below 18 years of age, or
3. Seminal fluid and spermatozoa over 18 but found to be unable to fully take care of self from abuse.
a. Clothing o General Rule: Every child is presumed qualified to be a witness.
b. Vaginal smear § Exception: The court (only the judge) is required to conduct a competency
c. Other stains in the body examination motu proprio or upon motion when it finds doubt regarding the
ability of the child to perceive, remember, communicate, distinguish truth from
Rape Kit (for evidence) falsehood.
1. Instructions 5. Comb to collect hair and fiber o The court may appoint:
2. Container for evidence 6. Wooden splints, nail clipper 1. Interpreter
3. White sheets, gauze 7. Documentation forms 2. Facilitator (psychologist, psychiatrist, etc.)
4. Microscope glass slides, test tube 8. Labels 3. Guardian ad litem
4. Support persons
o The child is allowed to use:
Rape Victim Assistance (RA 8505)
1. Testimonial aids
o Police officer must be of the same gender as the offended party to ensure that only
2. Emotional security item (toy, doll, etc.)
persons expressly authorized by the offended party shall be allowed inside the room
3. Screens, one-way mirrors, and other devices
where the investigation or medical examination is being conducted.
o When a child testifies:
1. Public may be excluded
Deception Detection
2. Testimony may be given in a separate room to be televised in the
1. A person who is telling the truth – can repeat the story the same way many times, with
courtroom
variations, and with missing details.
3. Videotaped deposition allowed
2. A person who is telling a fabricated story – can repeat it word for word, and dates and
time are precise, and all details are remembered.
VAWC (RA 9262) – Duties of prosecutors/courts:
a. Looks to the left while thinking of answer (visually constructed images to the
1. Communicate with the victim in a language understood by the woman/child
left, visually remembered images to the right)
2. Inform the victim of his/her rights and legal remedies. (Ex. respect and dignity, PAO,
b. Avoids making eye contact
services from DSWD, legal remedies, informed of their rights)
c. Facial expression incongruent, or does not affect whole face
d. Clearing of throat, licking of lips, rubbing of through, chin or mouth
Expert Witness Rule – The opinion of a witness on a matter requiring special knowledge, skill,
e. Distances self from accuser
experience or training which he is shown to possess, may be received in evidence.
f. Stiff posture
g. Crossing of arms

2 YAP, K. | ATENEO LAW