This case has been cited 1 times or more.
|
2013-09-02 |
DEL CASTILLO, J. |
||||
| "[F]or the charge of rape to prosper, the prosecution must prove that (1) the offender had carnal knowledge of a woman, (2) through force or intimidation, or when she was deprived of reason or otherwise unconscious, or when she was under 12 years of age or was demented."[20] From these requisites, it can thus be deduced that rape is committed the moment the offender has sexual intercourse with a person suffering from mental retardation. "[C]arnal knowledge of a woman who is a mental retardate is rape. A mental condition of retardation deprives the complainant of that natural instinct to resist a bestial assault on her chastity and womanhood. For this reason, sexual intercourse with one who is intellectually weak to the extent that she is incapable of giving consent to the carnal act already constitutes rape[,] without requiring proof that the accused used force and intimidation in committing the act."[21] Only the facts of sexual congress between the accused and the victim and the latter's mental retardation need to be proved.[22] | |||||