This case has been cited 2 times or more.
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2010-03-09 |
NACHURA, J. |
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| In the context in which it is used in the Revised Penal Code (RPC), carnal knowledge, unlike its ordinary connotation of sexual intercourse, does not necessarily require that the vagina be penetrated or that the hymen be ruptured. The crime of rape is deemed consummated even when the man's penis merely enters the labia or lips of the female organ or, as we had declared in a case, by the mere touching of the external genitalia by a penis capable of consummating the sexual act.[22] Where the victim is a child, the fact that there was no deep penetration of her vagina and that her hymen was still intact does not negate the commission of rape. Furthermore, the absence of fresh lacerations in the hymen cannot be a firm indication that she was not raped. Hymenal lacerations are not an element of rape.[23] | |||||