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    7 People V Alfanta

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    Dylan
    The defendant abducted the victim while she was sleeping at a friend's house, forced her to climb a fence and go to a vacant house, then raped her both vaginally and anally. After finishing, he told her to lie beside him while he rested. When he fell asleep, she grabbed a knife and bolo and stabbed and hacked him repeatedly before escaping to report the crime. The lower court convicted the defendant of rape aggravated by nighttime and ignominy based on the circumstances. The higher court upheld the conviction, finding that nighttime aggravated the crime since he took advantage of darkness for impunity, and ignominy applied since he raped the victim in multiple positions without consent.

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    7 People V Alfanta

    Uploaded by

    Dylan
    42 views1 page
    The defendant abducted the victim while she was sleeping at a friend's house, forced her to climb a fence and go to a vacant house, then raped her both vaginally and anally. After finishing, he told her to lie beside him while he rested. When he fell asleep, she grabbed a knife and bolo and stabbed and hacked him repeatedly before escaping to report the crime. The lower court convicted the defendant of rape aggravated by nighttime and ignominy based on the circumstances. The higher court upheld the conviction, finding that nighttime aggravated the crime since he took advantage of darkness for impunity, and ignominy applied since he raped the victim in multiple positions without consent.

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    7 People v alfanta.docx

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    The defendant abducted the victim while she was sleeping at a friend's house, forced her to climb a fence and go to a vacant house, then raped her both vaginally and anally. After finishing, he told her to lie beside him while he rested. When he fell asleep, she grabbed a knife and bolo and stabbed and hacked him repeatedly before escaping to report the crime. The lower court convicted the defendant of rape aggravated by nighttime and ignominy based on the circumstances. The higher court upheld the conviction, finding that nighttime aggravated the crime since he took advantage of darkness for impunity, and ignominy applied since he raped the victim in multiple positions without consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    42 views1 page

    7 People V Alfanta

    Uploaded by

    Dylan
    The defendant abducted the victim while she was sleeping at a friend's house, forced her to climb a fence and go to a vacant house, then raped her both vaginally and anally. After finishing, he told her to lie beside him while he rested. When he fell asleep, she grabbed a knife and bolo and stabbed and hacked him repeatedly before escaping to report the crime. The lower court convicted the defendant of rape aggravated by nighttime and ignominy based on the circumstances. The higher court upheld the conviction, finding that nighttime aggravated the crime since he took advantage of darkness for impunity, and ignominy applied since he raped the victim in multiple positions without consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    People v.

    Alfanta

    Facts: While asleep in the residence of a friend at AFOVAI Fort Bonifacio, Makati
    city, a stranger suddenly entered the house where she was sleeping, and
    abducted her; that if she will not obey him, he will kill her. She resisted, but could
    not do anything. Thereafter, she was forced to climb a fence, the man
    instructed her to go to a vacant house. She followed, as instructed. While at the
    vacant house, she was told to undress, then the man embraced and kissed her.
    Then she was told to lie down and told to separate her legs. The man inserted his
    penis into her vagina. After inserting the man's penis to her vagina, she was told
    to lie face down. She complied, thereafter, the man inserted his penis into her
    anus. After inserting the man's penis into her anus, she was told to turn around
    face up. All these acts of the man hurt her. After turning around face up, the
    man inserted his fingers in and out into her private part. After the man had
    finished inserting his fingers in and out of her private part, she was told to go near
    him and lie beside him, and not to dress up as he was going to take a rest and
    at the same time telling her not to tell what happened to others saying that he
    kills all the girls he had raped. All the time the man was inserting his penis and
    fingers into her private part and into her anus, she trying to get help but nobody
    responded. Noticing that the man was already sleeping, she suddenly got the
    knife at waist of the man and stab the man on his chest. The knife broke. She
    suddenly grabbed the bolo and hack the man several times. Thereafter, she put
    on her dress, got hold of the bolo and ran to the signal office of soldiers to
    surrender. The soldiers went to the place where she was raped. They found the
    man lying down still alive. The lower court convicted Alfanta with the crime of
    rape aggravated by nighttime and ignominy.

    Issue: Whether or not the aggravating circumstances mentioned are correctly


    appreciated

    Ruling: Yes. With regard to nighttime, the accused took advantage of the
    silence and darkness of the night to ensure impunity from his illegal act because
    he abducted the victim and brought her to an abandoned building and unlit
    house, then unleashed his carnal desire on her. With regard to ignominy, the
    appellant used not only the missionary position, i.e. male superior, female
    inferior, but also 'the same position as dogs do' i.e., entry from behind. This may
    well be if the sexual act is performed by consenting partners but not otherwise.

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