Miyerkules, Setyembre 24, 2014

What are the requisites for a charge of rape to prosper?

For a charge of rape to prosper under Article 266-A of the Revised Penal Code, as amended, the prosecution must prove that (1) the offender had carnal knowledge of a woman; and (2) he accomplished such act through force, threat, or intimidation, or when she was deprived of reason or otherwise unconscious, or when she was under 12 years of age or was demented. (People v. Trayco, G.R. No. 171313, August 14, 2009, 596 SCRA 233, 244)

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