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    Frustrated Rape

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    heidi marie
    Rape requires forcing another person into non-consensual sexual intercourse or penetration. The document examines a case where a man held a woman at knifepoint, attempted to penetrate her vagina with his penis twice but was only partially successful due to her movement. The court ruled this was consummated rape, not frustrated rape, as any penetration, no matter how slight, is sufficient for rape. The key facts are that rape does not require full penetration and this case demonstrated sufficient penetration for rape rather than an attempted rape.

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    Frustrated Rape

    Uploaded by

    heidi marie
    2K views1 page
    Rape requires forcing another person into non-consensual sexual intercourse or penetration. The document examines a case where a man held a woman at knifepoint, attempted to penetrate her vagina with his penis twice but was only partially successful due to her movement. The court ruled this was consummated rape, not frustrated rape, as any penetration, no matter how slight, is sufficient for rape. The key facts are that rape does not require full penetration and this case demonstrated sufficient penetration for rape rather than an attempted rape.

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    Rape requires forcing another person into non-consensual sexual intercourse or penetration. The document examines a case where a man held a woman at knifepoint, attempted to penetrate her vagina with his penis twice but was only partially successful due to her movement. The court ruled this was consummated rape, not frustrated rape, as any penetration, no matter how slight, is sufficient for rape. The key facts are that rape does not require full penetration and this case demonstrated sufficient penetration for rape rather than an attempted rape.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views1 page

    Frustrated Rape

    Uploaded by

    heidi marie
    Rape requires forcing another person into non-consensual sexual intercourse or penetration. The document examines a case where a man held a woman at knifepoint, attempted to penetrate her vagina with his penis twice but was only partially successful due to her movement. The court ruled this was consummated rape, not frustrated rape, as any penetration, no matter how slight, is sufficient for rape. The key facts are that rape does not require full penetration and this case demonstrated sufficient penetration for rape rather than an attempted rape.

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    No, there is no frustrated rape.

    Rape, as defined by the Oxford Dictionary, is the crime, typically committed


    by a man, of forcing another person to have sexual intercourse with the offender
    against their will. In Merriam-Webster Dictionary, rape is an unlawful sexual activity
    and usually sexual intercourse carried out forcibly or under threat or injury against
    the will usually of a female or with a person who is beneath a certain age or
    incapable of valid consent.
    To answer the question whether or not frustrated rape exists, we cite the case
    of Christina S. Abayan in People vs Orita G.R. No. 88724 April 3, 1990.
    On March 20, 1983, Christina S. Abayan arrived at her boarding house after
    coming from a party. She saw Ceilito Orita, a frequent visitor of another boarder.
    Orita held Abayan and poked a balisong at her. While his arm wrapped around her
    neck and the other poking the balisong at Abayan, he then dragged her on the
    second floor of the boarding house and entered Abayans room upon Oritas
    command to find them a room. He ordered her to lie down on the floor and then
    mounted her. Orita made her hold his penis and insert it in her vagina. With the
    balisong still poked at her, she did as told but since she kept moving, only a
    portion of his penis entered her. He then laid down on his back and commanded her
    to mount him. Still only a small part of his penis was inserted into her vagina. When
    Oritas hands were flat on the floor, Abayan ran away naked. She ran from room to
    room until she jumped out the window and found help.
    Clearly, in the crime of rape, from the moment the offender has carnal
    knowledge of his victim he actually attains his purpose and, from that moment also
    all the essential elements of the offense have been accomplished. Nothing more is
    left to be done by the offender, because he has performed the last act necessary to
    produce the crime. Thus, the felony is consummated. We have set the uniform rule
    that for the consummation of rape, perfect penetration is not essential. Any
    penetration of the female organ by the male organ is sufficient. Entry of the labia or
    lips of the female organ, without rupture of the hymen or laceration of the vagina is
    sufficient to warrant conviction (People v Orita G.R. No. 88724 April 3, 1990).
    With the things mentioned above, the court ruled out Orita guilty of
    consummated rape and not just merely a frustrated rape.
    Rape is either attempted or consummated. There is no frustrated rape
    (People v. Aca-ac, G.R. No. 142500, 20 April 2001).

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