Sexual congress
with a girl under 12 years old is always rape. (People v. Perez, G.R. No. 182924,
December 24, 2008, 575 SCRA 653, 681.)
In this type of
rape, force and intimidation are immaterial; the only subject of inquiry is the
age of the woman and whether carnal knowledge took place. The law presumes that the victim does
not and cannot have a will of her own on account of her tender years; the
child’s consent is immaterial because of her presumed incapacity to discern
evil from good.
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