Aside from force or threat, what other circumstances related to the victim’s condition qualify the act as Rape?
Rape is committed when the offended party is deprived of reason or is otherwise unconscious at the time of the carnal knowledge (Article 266-A, Revised Penal Code). Furthermore, rape is committed if the victim is under twelve (12) years of age or is demented, regardless of whether force, threat, or intimidation was used. These provisions recognize the victim’s incapacity to give valid consent as a sufficient basis for the crime.
30 October 2025
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Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.

