Title
Amendment on Rape Provisions
Law
Republic Act No. 2632
Decision Date
Jun 18, 1960
An amendment to the Philippine Penal Code redefines and provides specific circumstances for the crime of rape, including the use of force or intimidation, the victim being unconscious or under twelve years old, with varying penalties depending on the specific circumstances.
A

Q&A (Republic Act No. 2632)

Republic Act No. 2632 is an act to amend Article 335 of the Revised Penal Code, which pertains to the crime of rape.

Rape is committed by having carnal knowledge of a woman under any of the following circumstances: by using force or intimidation; when the woman is deprived of reason or otherwise unconscious; or when the woman is under twelve years of age, even if the first two circumstances are not present.

The crime of rape shall be punished by reclusion temporal. If committed with the use of a deadly weapon or by two or more persons, the penalty shall be imposed in its maximum period.

If homicide is committed by reason or on the occasion of the rape, the penalty shall be reclusion perpetua to death.

When the rape is frustrated or attempted and homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua.

If the victim has become insane by reason or on the occasion of the rape, the penalty shall be reclusion perpetua.

Yes, if the woman is under twelve years of age, rape is considered committed even if force, intimidation, or unconsciousness was not present.

The use of a deadly weapon or the commission of rape by two or more persons mandates the penalty to be imposed in its maximum period.

This Act took effect upon its approval on June 18, 1960.

Republic Act No. 2632 amends Article 335 of the Revised Penal Code concerning the crime of rape.


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