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    People Vs Hernandez 1925

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    Mafar
    The defendant, a 70-year-old man, was accused and found guilty of raping his 9-year-old granddaughter. The lower court found him guilty of frustrated rape because there was no complete penetration of the hymen. However, the Supreme Court held that the defendant was guilty of consummated rape. While the hymen was intact, the physician found inflammation of the labia and vaginal opening along with semen, and the child testified to feeling intense pain from partial penetration. The Court cited several cases establishing that any penetration, even just of the labia, is sufficient to constitute consummated rape, and penetration does not need to go past the hymen.

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    People Vs Hernandez 1925

    Uploaded by

    Mafar
    381 views2 pages
    The defendant, a 70-year-old man, was accused and found guilty of raping his 9-year-old granddaughter. The lower court found him guilty of frustrated rape because there was no complete penetration of the hymen. However, the Supreme Court held that the defendant was guilty of consummated rape. While the hymen was intact, the physician found inflammation of the labia and vaginal opening along with semen, and the child testified to feeling intense pain from partial penetration. The Court cited several cases establishing that any penetration, even just of the labia, is sufficient to constitute consummated rape, and penetration does not need to go past the hymen.

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    Case Digest for Criminal Law

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    People vs Hernandez 1925

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    The defendant, a 70-year-old man, was accused and found guilty of raping his 9-year-old granddaughter. The lower court found him guilty of frustrated rape because there was no complete penetration of the hymen. However, the Supreme Court held that the defendant was guilty of consummated rape. While the hymen was intact, the physician found inflammation of the labia and vaginal opening along with semen, and the child testified to feeling intense pain from partial penetration. The Court cited several cases establishing that any penetration, even just of the labia, is sufficient to constitute consummated rape, and penetration does not need to go past the hymen.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    381 views2 pages

    People Vs Hernandez 1925

    Uploaded by

    Mafar
    The defendant, a 70-year-old man, was accused and found guilty of raping his 9-year-old granddaughter. The lower court found him guilty of frustrated rape because there was no complete penetration of the hymen. However, the Supreme Court held that the defendant was guilty of consummated rape. While the hymen was intact, the physician found inflammation of the labia and vaginal opening along with semen, and the child testified to feeling intense pain from partial penetration. The Court cited several cases establishing that any penetration, even just of the labia, is sufficient to constitute consummated rape, and penetration does not need to go past the hymen.

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    © All Rights Reserved
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    of 2

    G.R. No.

    L-23916

    October 14, 1925

    THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,


    vs. DOMINGO HERNANDEZ, defendant-appellant.
    PONENTE: OSTRAND, J.:
    FACTS:
    Defendant age 70 was accused and found guilty of the crime of rape of Conrada Jocson, 9 years,
    the granddaughter of defendants wife at the house where they all lived in. The lower court found
    defendant guilty of frustrated rape for the reason that there was no complete penetration of the
    hymen.
    ISSUE:
    Whether or not defendant is guilty of frustrated rape.
    HELD:
    The defendant is guilty of consummated rape.
    In the present case the physician who examined the offended party immediately after the
    commission of the crime found the labia and the opening of the vagina inflamed together with an
    abundance of semen, though the hymen was intact. It also appears from the evidence that the
    defendant lay on top of the child for over fifteen minutes and continued his efforts of penetration
    during that period; the child testifies that the defendant succeeded in a partial penetration and that
    she felt intense pain. In these circumstances, the crime must be regarded as consummated.
    xxxIn State vs. Johnson (91 Mo., 439), the court held that "finding the hymen intact is not always
    proof that no rape has been committed, nor virginity; for the case are not rare where the hymen had
    to be removed after impregnation and in order to permit delivery."
    In the same case, the court further said:
    Any penetration whether reaching to the hymen or not is sufficient to constitute the crime; for
    as Lord Meadowbank said in case in Scotland. "Scientific and anatomical distinctions as to
    where the vagina commences are worthless in a case of rape; it is enough if the woman's
    body is entered; and it is not necessary to show to what extent penetration of the parts has
    taken place; whether it has gone past the hymen, into what is anatomically called the hymen,
    or even so far as to touch the hymen." (Stewart on Legal Medicine, p. 137.)
    1awph!l.net

    In People vs. Rivers (147 Mich., 643), the court says:


    The law may now indeed be considered as settled that while the rupturing of the hymen is
    not indispensable to a conviction, there must be proof of some degree of entrance of the
    male organ "within the labia of Pudendum."
    In the following cases it has been held that entry of the labia or lips of the female organ, merely,
    without rupture of the hymen or laceration of the vagina, is sufficient to warrant conviction of the
    consummated crime of rape. (Kenny vs. State [Tex. Crim. App.]; 65 L. R. A., 316; 79 S. W., 817
    [1903]. See [Eng.] Reg. vs. Lines, 1 Car. & K., 393 [1844]; 44 N. W., 571 [1890]; [Tex.]

    Rodgers vs. State, 30 Tex. App., 510; 17 S. W., 1077 [1891]; [Wis.] Brauer vs. State, 25 Wis., 413
    [1870].)

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