Question & AnswerQ&A (Republic Act No. 4111)
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; and 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 perpetua. If committed with the use of a deadly weapon or by two or more persons, the penalty is reclusion perpetua to death. If the victim becomes insane because of the rape, the penalty is death. If homicide is committed on the occasion of or by reason of the rape, the penalty is death.
In cases where rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty is death.
Yes, the law specifies that when the woman is under twelve years of age, rape is committed even if force, intimidation, or unconsciousness is not present.
When rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
Having carnal knowledge generally means the act of sexual intercourse or penetration with the victim, which is the basis of the crime of rape under this provision.
If the victim becomes insane by reason or on the occasion of the rape, the rapist shall be punished by death.
This Act shall take effect upon its approval.
No, if the woman is deprived of reason or is otherwise unconscious, force or intimidation is not necessary to prove the commission of rape.
This Act further amended Article 335 of the Revised Penal Code regarding the crime of rape.