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Rape

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What action extinguishes the criminal action for Rape when the legal husband is the offender?

Legal Answers / Nicolas and De Vega Law Offices

If the offender is the legal husband, the wife’s forgiveness extinguishes the criminal action or penalty, unless the marriage is void.

What action extinguishes the criminal action for Rape when the legal husband is the offender? Read More »

What kind of evidence may be accepted as proof in the prosecution of Rape under Article 266-A?

Legal Answers / Nicolas and De Vega Law Offices

Any physical overt act of resistance or incapacity to consent may be accepted as evidence in rape prosecution.

What kind of evidence may be accepted as proof in the prosecution of Rape under Article 266-A? Read More »

What are two qualifying circumstances for Rape related to the victim’s age or profession and the offender’s knowledge?

Legal Answers / Nicolas and De Vega Law Offices

Rape involving a child below seven years old or a known religious person imposes the death penalty.

What are two qualifying circumstances for Rape related to the victim’s age or profession and the offender’s knowledge? Read More »

What circumstances related to disease transmission or abuse of military/police position qualify Rape for the death penalty?

Legal Answers / Nicolas and De Vega Law Offices

Rape involving disease transmission or facilitated by abuse of military/police position qualifies for the death penalty.

What circumstances related to disease transmission or abuse of military/police position qualify Rape for the death penalty? Read More »

What qualifying circumstances for Rape relate to the victim’s pregnancy, disability, or mutilation?

Legal Answers / Nicolas and De Vega Law Offices

Rape resulting in permanent mutilation, or committed knowing the victim is pregnant or disabled, qualifies for death.

What qualifying circumstances for Rape relate to the victim’s pregnancy, disability, or mutilation? Read More »

What is the effect of a subsequent valid marriage between the offender and the offended party in a case of Rape?

Legal Answers / Nicolas and De Vega Law Offices

A subsequent valid marriage between the offender and victim extinguishes the criminal action or the penalty for rape.

What is the effect of a subsequent valid marriage between the offender and the offended party in a case of Rape? Read More »

Under the law, how is the crime of Rape committed by a man against a woman using force, threat, or intimidation?

Legal Answers / Nicolas and De Vega Law Offices

Rape is committed by a man having carnal knowledge of a woman through force, threat, or intimidation.

Under the law, how is the crime of Rape committed by a man against a woman using force, threat, or intimidation? Read More »

Aside from force or threat, what other circumstances related to the victim’s condition qualify the act as Rape?

Legal Answers / Nicolas and De Vega Law Offices

Rape is committed when the victim is unconscious, demented, under 12 years old, or subjected to fraudulent machination.

Aside from force or threat, what other circumstances related to the victim’s condition qualify the act as Rape? Read More »

What is the prescribed basic penalty for Rape involving carnal knowledge under Article 266-A, paragraph 1?

Legal Answers / Nicolas and De Vega Law Offices

The basic penalty for rape involving carnal knowledge is reclusion perpetua.

What is the prescribed basic penalty for Rape involving carnal knowledge under Article 266-A, paragraph 1? Read More »

When is the penalty for Rape elevated to reclusion perpetua to death based on the means used or the resulting harm to the victim?

Legal Answers / Nicolas and De Vega Law Offices

Rape committed with a deadly weapon, by multiple persons, or causing the victim’s insanity incurs death penalty.

When is the penalty for Rape elevated to reclusion perpetua to death based on the means used or the resulting harm to the victim? Read More »

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