Description Legal Basis: Kinds of Mutilation

DESCRIPTION
LEGAL BASIS
1. A. MUTILATION: (262)
Kinds of Mutilation
1. Intentionally mutilating another by depriving him, totally or partially, of some essential
organ for reproduction
2. Intentionally making another mutilation, i.e. lopping, clipping off any part of the body
of the offended party, other than the essential organ for reproduction, to deprive him
of that part of the body
Elements:
1. There be a castration i.e. mutilation of organs necessary for generation
2. Mutilation is caused purposely and deliberately
Notes:
1. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will
be considered as mutilation of the second kind
2. Mayhem: refers to any other intentional mutilation
PENALTIES
EFFECT TO THE PUBLIC

RAPE
DESCRIPTION
The crime of rape generally refers to non-consensual sexual intercourse that is committed by physical
force, threat of injury, or other duress.
Common law defined rape as unlawful intercourse by a man against a woman who is not his wife by
force or threat and against her will. However most states have refined and broadened the statutory
definition of rape so that marriage, gender, and force are not relevant. The victim's lack of consent is the
crucial element. A lack of consent can include the victim's inability to say "no" to intercourse, due to the
effects of drugs or alcohol. Rape can occur when the offender and victim have a pre-existing relationship
(sometimes called "date rape"), or even when the offender is the victim's spouse.
To convict an offender for rape, some form of sexual penetration, however slight, must occur. Each
instance of penetration can serve as a count of rape, as well.
The most common form of rape is forcible rape, in which an offender uses violence or threats of
violence to force a victim into sexual intercourse. In most states, however, rape can also occur in a
number of other ways, including posing as a public official and threatening to arrest or punish the victim.
Statutory rape
Statutory rape refers to sexual intercourse with a minor (someone below the "age of consent"). People
below the age of consent cannot legally consent to having sex. This means that sex with them, by
definition of the strict liability statute, violates the law.
Statutory rape laws vary by state, with states setting the age of consent differently, as well as using
different names to refer to this crime. Many states punish statutory rape under laws addressing sexual
assault, rape, unlawful sexual intercourse or carnal knowledge of a child. In many states, statutory rape
is a felony only if one of the participants (usually a male) is at least three years older than the other;
otherwise, it is a misdemeanor. There are very few federal laws dealing with statutory rape.
Free Legal Case Review
A rape conviction can come down to the issue of consent, which is not always clear cut. Your case will be
decided by facts that can be established by the government. However, you're also entitled to establish
facts in your defense. In fact, that's one of the jobs of your legal team. A seasoned criminal defense
attorney understands the process and how to lay out a strong defense. You can speak with an attorney
in your area today and obtain a free review of the facts of your case to help you going forward.
LEGAL BASIS
RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against
Persons incorporated into Title 8 of the RPC to be known as Chapter 3
Elements: Rape is committed
1. By a man who have carnal knowledge of a woman under any of the following
circumstances:
1. through force, threat or intimidation
2. when the offended party is deprived of reason or otherwise unconscious
3. by means of fraudulent machination or grave abuse of authority
4. when the offended party is under 12 years of age or is demented, even though
none of the circumstances mentioned above be present
5. By any person who, under any of the circumstances mentioned in par 1 hereof,
shall commit an ac of sexual assault by inserting
1. his penis into another persons mouth or anal orifice, or
2. any instrument or object, into the genital or anal orifice of another person
PENALTIES
Rape committed under par 1 is punishable by:

1. reclusion perpetua
2. reclusion perpetuato DEATH when
1. victim became insane by reason or on the occasion of rape
2. b. the rape is attempted and a homicide is committed by reason or on the
occasion thereof
3. DEATH when
1. homicide is committed
2. victim under 18 years and offender is:
1. parent
2. ascendant
3. step-parent
4. guardian
5. relative by consanguinity or affinity with the 3rd civil degree or
6. common law spouse of parent of victim
3. c. under the custody of the police or military authorities or any law
enforcement or penal institution
4. committed in full view of the spouse, parent or any of the children or other
relatives within the 3rd degree of consanguinity
5. victim is a religious engaged in legitimate religious vocation or calling and is
personally known to be such by the offender before or at the time of the
commission of the crime
6. a child below 7 years old
7. g. offender knows he is afflicted with HIV or AIDS or any other sexually
transmissible disease and the virus is transmitted to the victim
8. h. offender; member of the AFP, or para-military units thereof, or the PNP, or
any law enforcement agency or penal institution, when the offender took
advantage of his position to facilitate the commission of the crime
9. victim suffered permanent physical mutilation or disability
10. j. the offender knew of the pregnancy of the offended party at the time of
the commission of the crime; and
11. k. when the offender knew of the mental disability, emotional disorder and/or
physical handicap or the offended party at the time of the commission of the
crime
Rape committed under par 2 is punishable by:
1. 1. prision mayor
2. 2. prision mayor to reclusion temporal
1. use of deadly weapon or
2. by two or more persons
3. reclusion temporal when the victim has become insane
4. reclusion temporal to reclusion pepetua rape is attempted and homicide is committed
5. reclusion perpetua homicide is committed by reason or on occasion of rape
6. reclusion temporal committed with any of the 10 aggravating circumstances
mentioned above
Notes:
1. The underscored words are the amendments provided by RA 8353
2. Dividing age in rape:
1. less than 7 yrs old, mandatory death
2. less than 12 yrs old, statutory rape
3. less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death
EFFECT TO THE PUBLIC

Description Legal Basis: Kinds of Mutilation

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EFFECT TO THE PUBLIC

Rape committed under par 1 is punishable by:

EFFECT TO THE PUBLIC

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