What action extinguishes the criminal action for Rape when the legal husband is the offender?
In the specific case where the legal husband is the offender in a rape case, the subsequent forgiveness by the wife, acting as the offended party, shall extinguish the criminal action or the penalty (Article 266-C, Revised Penal Code). This provision gives the wife the power to forgive her legal husband’s offense. However, the extinguishment of the crime or abatement of the penalty does not occur if the marriage is determined to be void ab initio.
30 October 2025
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