This case has been cited 1 times or more.
|
2014-02-19 |
LEONARDO-DE CASTRO, J. |
||||
| There is thus a substantial variance in the rulings of the trial and the appellate courts as regards the felony which the accused-appellant committed. The difference in their rulings is significant because rape by sexual intercourse and rape by sexual assault have different elements. We explained this matter in People v. Espera[37]:As the felony is defined under Article 266-A, rape may be committed either by sexual intercourse under paragraph 1 or by sexual assault under paragraph 2. | |||||