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PEOPLE v. RENATO BESMONTE

This case has been cited 1 times or more.

2015-07-06
VILLARAMA, JR., J.
xxxx (Emphasis supplied.) Sexual congress with a girl under 12 years old is always rape.[21] We have thus ruled that in the prosecution of statutory rape the following elements must exist: (1) the victim is a female under 12 years of age or is demented; and (2) the offender had carnal knowledge of the victim.[22] In order to successfully convict an accused for statutory rape therefore, it is imperative that the prosecution prove that the woman is under 12 years of age and carnal knowledge took place.[23]