This case has been cited 1 times or more.
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2007-10-05 |
CARPIO, J. |
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| In this case, appellant admits that he had sexual intercourse with AAA on the night of 7 July 1997 but alleges that it was consensual and that AAA initiated the sexual act. We agree with the trial court and the appellate court that appellant's version of the incident is unbelievable. Appellant himself testified that he went upstairs where he knew AAA was sleeping with her siblings. AAA could not have initiated their sexual intercourse considering that she was already asleep when appellant went upstairs. Under Article 335(2) of the Revised Penal Code, rape is committed by having carnal knowledge of a woman who is deprived of reason or otherwise unconscious. Thus, there is rape where the woman was unconscious as when she was asleep when the carnal act was accomplished.[5] | |||||