In landmark ruling, Supreme Court clarifies when rape is committed

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In a landmark ruling, the Supreme Court (SC) clarified when the crime of rape is considered committed through penile penetration.

MANILA, Philippines – In a landmark ruling, the Supreme Court clarified when the crime of rape is considered committed through penile penetration.

The High Court also clarified that the “mere touch” of penis into the labiar majora means the slightest penetration of the vulval or pudendal cleft “however minimum in degree,” and not mere surface touch or skin contact. When applied to Agao’s case, the SC found that the Agao’s erect penis that touched the daughter’s vulval cleft “categorically shows” the minimum penile-vaginal contact between the male organ and the vulval cleft needed to prove that rape was present. But, the High Court ruled that Agao should only be convicted of one charge of statutory rape, where the crime was committed when the victim was only 10 years old.

 

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