TOPIC: ATTEMPTED RAPE VS. ACTS OF LASCIVIOUSNESS (36-ALL)
FACTS:
A consolidated decision was rendered by the Regional Trial Court of Batangas City, in Criminal Cases Nos. 10857, 10858 and 10859, finding appellant Florencio Abanilla y Rivera guilty beyond reasonable doubt of three counts of rape committed against his 17-year old daughter, Lorena Abanilla y Arellano, which resulted in the latter’s pregnancy.
The complainant Lorena testified on three alleged rape incidents. The first was said to have occurred during the month of June 1999, where Abanilla touched Lorena’s private part and rubbed his organ unto her until ejaculation. The second and the third rape incidents purportedly occurred on the second and last weeks of October 1999, respectively where Abanilla was able to insert his penis into Lorena’s vagina.
All three incidents were committed by means of force, threat or intimidation. Appellant denied raping his daughter, but the sole evidence he presented was his own testimony denying the complainant’s accusations against him. Considering that appellant’s conviction was chiefly due to the complainant’s testimony, the Court is obliged to examine thoroughly the veracity of such testimony to ensure that it meets the required quantum of proof beyond reasonable doubt necessary to overturn the constitutional presumption of innocence.
ISSUE:
Whether or not the appellant Abanilla is guilty of attempted rape in the first rape incident.
RULING:
No, the appellant Abanilla is not guilty of attempted rape in the first rape incident. Jurisprudence dictates that the labia majora must be entered for rape to be consummated, and not merely for the penis to stroke the surface of the female organ. Thus, a grazing of the surface of the female organ or touching the mons pubis of the pudendum is not sufficient to constitute consummated rape. Absent any showing of the slightest penetration of the female organ, i.e., touching of either labia of the pudendum by the penis, there can be no consummated rape. Without the penetration, the crime committed is either attempted rape or acts of lasciviousness. Based on the complainant’s testimonies as regards the FIRST INCIDENT, the SC opined that nothing prevented appellant from consummating the act and it would seem that he was already contended with rubbing his penis against the complainant without actually inserting it into her private part. Thus, appellant cannot be convicted of attempted rape but only of acts of lasciviousness for the June 1999 incident.
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