Overview

In Philippine criminal law, rape is a crime against persons and dignity, not “morals.” Since the Anti-Rape Law of 1997 (RA 8353), rape has been treated as a public crime prosecuted in the name of the People, and it includes both (1) rape by sexual intercourse and (2) rape by sexual assault (insertion-type acts). For minors and persons with disability (especially those with intellectual/psychosocial disability), the law recognizes heightened vulnerability through rules on consent, qualifying circumstances, evidentiary accommodations, and heavier penalties.

This article focuses on:

Attempted rape and attempted sexual assault under the Revised Penal Code (RPC),
how criminal liability changes when the victim is a minor (especially under the amended age-of-consent rules) or a person with disability, and
related charges often filed alongside or instead of attempted rape.

1) Core Legal Sources (Philippine Context)

A. Revised Penal Code (as amended)

Key provisions include:

Article 266-A (Rape; definition) – includes rape by sexual intercourse and rape by sexual assault. (Inserted by RA 8353)
Article 266-B (Penalties; qualifying circumstances) – sets penalties and qualifying circumstances.
Article 6 (Stages of execution) – consummated, frustrated, attempted.
Article 51 (Penalty for attempted felonies) – generally two degrees lower than the penalty for the consummated felony.
Article 14 (Aggravating circumstances) and Article 15 (Alternative circumstances) – can affect the penalty within the range.

B. Major statutes that commonly intersect with these cases

Depending on facts, prosecutors may also consider:

RA 11648 (2022) – raised the age of sexual consent to 16 and revised statutory rape rules (with specific close-in-age/non-abuse exceptions).
RA 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act (child sexual abuse/lascivious conduct frameworks).
RA 9262 – Anti-Violence Against Women and Their Children Act (sexual violence within covered relationships; protection orders).
RA 9775 – Anti-Child Pornography Act.
RA 11930 – Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-CSAEM law (online exploitation/“materials” offenses).
RA 9208, as amended by RA 10364 – Anti-Trafficking in Persons (if exploitation/transport/recruitment is involved).
RA 9995 – Anti-Photo and Video Voyeurism Act.
RA 7877 and RA 11313 – workplace/education sexual harassment and Safe Spaces (context-dependent; not a replacement for rape charges).

C. Disability-related law (context and accommodations)

RA 7277 (Magna Carta for Disabled Persons) – defines policy and rights framework; not the main penal statute, but relevant for victim support and accommodations.
Courtroom accommodations may be guided by procedural rules and evolving jurisprudence (e.g., witness competency, support persons, protection from intimidation).

2) What Counts as “Rape” Under the RPC

A. Rape by Sexual Intercourse (Article 266-A(1))

Rape is committed by a man who has carnal knowledge of a woman under any of the circumstances recognized by law. Common categories include:

Force, threat, or intimidation;
Victim is deprived of reason or otherwise unconscious;
Victim is under 16 years of age (statutory rape as amended), even if none of the usual coercive circumstances are present; and/or
Other coercive or abuse-of-authority situations recognized by law/jurisprudence in context (e.g., exploitative conditions, fear-based compliance).

Penetration standard: In Philippine jurisprudence, rape by intercourse is consummated by even the slightest penetration of the female genitalia (labia). Emission is irrelevant.

B. Rape by Sexual Assault (Article 266-A(2))

This form of rape occurs when:

A person inserts their penis into another person’s mouth or anal orifice, or
Inserts any instrument or object into the genital or anal orifice of another person, under circumstances of force/threat/intimidation, incapacity, unconsciousness, or statutory protections applicable under the law.

This is often called “sexual assault” in the code, but it is still legally rape.

3) Attempted Rape: Meaning and Elements (Articles 6 and 51)

A. General definition of an attempted felony

A felony is attempted when:

the offender commences the commission of the felony directly by overt acts,
does not perform all the acts of execution, and
the non-completion is due to some cause other than their own spontaneous desistance.

B. Attempted rape (by sexual intercourse)

To sustain attempted rape, the prosecution typically must show:

Intent to have carnal knowledge (sexual intercourse), and
Overt acts directly tending toward penetration (not merely preparatory), and
Failure to consummate due to an external cause (interruption, resistance, third-party arrival, inability, etc.).

Common evidentiary indicators (fact-specific, not mandatory checklists):

Efforts to remove clothing, position the victim, restrain the victim, expose genitals,
Threats/violence to overcome resistance,
Attempt to mount/position for penetration,
Statements showing intent (“I will have you,” etc.),
Physical injuries consistent with resistance/assault.

C. Attempted rape (by sexual assault)

Similarly, attempted sexual assault exists when there is intent and overt acts toward insertion (penis-to-mouth/anal or object insertion), but insertion does not occur because of external causes.

D. Frustrated rape: why it’s rare

In many rape-by-intercourse cases, courts treat the crime as consummated once penetration occurs, however slight. This makes a “frustrated” stage uncommon for intercourse-type rape because “all acts of execution” are essentially satisfied at penetration.

For sexual assault (insertion-type acts), “frustrated” is also uncommon; cases usually fall into attempted or consummated, depending on whether insertion happened.

4) Attempted Rape vs. Acts of Lasciviousness vs. Sexual Assault

A frequent charging issue is whether facts support:

Attempted rape, or
Acts of lasciviousness (RPC Article 336), or
Consummated/attempted sexual assault (rape under 266-A(2)).

A. Acts of lasciviousness (Article 336)

This punishes lewd acts done under circumstances of force, intimidation, or when the victim is deprived of reason/unconscious, without the intent and direct acts toward sexual intercourse or the specific insertion acts of 266-A(2).

B. Practical distinction

If the evidence shows intent to penetrate and direct steps toward that act, it leans to attempted rape.
If the evidence shows lewd touching or indecent acts but not direct steps to penetration/insertion, it may be acts of lasciviousness (or, for children, possibly a RA 7610 offense depending on circumstances).
If there is object/penis insertion (even minimal), it is usually consummated sexual assault (rape).

5) When the Victim Is a Minor

A. Age matters in several different ways

Philippine law draws multiple age lines depending on the statute:

“Child” for many protective statutes is generally below 18.
Statutory rape threshold was raised to below 16 by RA 11648 (subject to specific exceptions in that law).
Certain qualifying circumstances and evidentiary rules attach to below 18, below 16, and sometimes younger brackets in jurisprudence and related laws.

B. Statutory rape (under 16): consent is legally irrelevant

If the victim is below 16, the law treats sexual intercourse (and in many contexts, insertion-type rape) as rape even if the child appeared to “agree.” The prosecution focuses on:

Proof of age, and
Proof of the sexual act/attempt and the accused’s identity.

C. Close-in-age / non-abuse exceptions (RA 11648)

RA 11648 introduced limited exceptions aimed at non-exploitative, consensual acts between adolescents close in age, typically conditioned on:

Small age gap,
Both parties being minors (in many scenarios),
Absence of coercion, intimidation, abuse, or exploitation,
Context showing a non-abusive relationship.

These exceptions are fact-sensitive and must be applied carefully; in practice they do not protect adults exploiting minors, and they do not sanitize coercive or abusive conduct.

D. Attempted rape of a minor

Attempt liability works the same way, but proof of age becomes central, and courts tend to be particularly attentive to:

Power imbalance,
Opportunity and access,
Grooming patterns (especially when combined with online/offline exploitation evidence).

E. Qualified rape involving minors (Article 266-B)

Rape becomes qualified (higher penalty) when specific circumstances are present—commonly including:

The victim is below 18 and the offender is a parent/ascendant/step-parent/guardian, a relative within a specified degree, or a common-law spouse of the parent (or similarly situated caretaker), or the victim is under the custody of the offender;
The rape is committed by two or more persons;
The offender uses a deadly weapon;
The rape results in serious injury or homicide (depending on the fact pattern and charging).

In modern sentencing, because the death penalty is suspended (RA 9346), qualified rape typically results in reclusion perpetua without eligibility for parole (subject to how the qualifying circumstance is charged and proven).

F. RA 7610 as an alternative or additional charge

For child victims, prosecutors may consider RA 7610 particularly when the conduct is sexual but does not neatly fit “attempted rape” or when the evidence supports lascivious conduct or exploitation contexts. The exact charging theory depends on:

The child’s age and circumstances,
Whether penetration/insertion occurred or was attempted,
Whether the conduct is tied to exploitation, prostitution, or coercive conditions.

G. Online dimensions (common in recent cases)

When facts involve recording, sharing, livestreaming, solicitation, or possession of child sexual materials, liability may arise under:

RA 9775 and/or RA 11930, and sometimes
anti-trafficking laws (if exploitation networks or profit-driven conduct is present).

These are separate offenses from rape/attempted rape and can be charged in addition.

6) When the Victim Is a Person With Disability

A. Disability and “consent”

Philippine rape law directly addresses situations where the victim is:

Deprived of reason (often relevant to intellectual disability, severe psychosocial disability, dementia), or
Otherwise unconscious, or
Functionally unable to give meaningful consent or resist due to condition.

In practice:

Intellectual/psychosocial disability often becomes relevant under the “deprived of reason” category, where the prosecution must show the victim’s condition and how it affected capacity.
Physical disability may be relevant to force/intimidation and to the victim’s ability to resist or escape, and to the offender’s abuse of the victim’s vulnerability.

B. Evidentiary issues in disability cases

Cases involving disability often require:

Careful proof of the victim’s condition (medical records, expert testimony where appropriate),
Sensitive handling of testimony (accommodations, support persons),
Clear showing of opportunity, coercion, and the accused’s knowledge/exploitation of vulnerability.

Courts generally focus on whether the victim could give meaningful consent and whether the accused exploited incapacity or used coercion.

C. Attempted rape/sexual assault against a person with disability

Attempt liability is established the same way (intent + overt acts + external cause preventing completion). Disability often strengthens the relevance of:

Abuse of superior strength,
Abuse of confidence/relationship,
Knowledge of the victim’s incapacity.

7) Criminal Liability and Penalties

A. Principal, accomplice, accessory

Liability extends beyond the direct perpetrator:

Principals: direct participation, inducement, or indispensable cooperation.
Accomplices: cooperation by previous or simultaneous acts not indispensable.
Accessories: assistance after the fact (concealment, profiting, harboring), subject to legal limits.

Group attacks, facilitation, or custodial complicity can expand the scope of liability—especially in child cases and exploitation settings.

B. Penalties for rape and sexual assault (baseline)

Under Article 266-B:

Rape by sexual intercourse (266-A(1)): generally reclusion perpetua.
Qualified rape: historically reclusion perpetua to death; with death penalty suspended, commonly treated as reclusion perpetua without parole when properly qualified.
Rape by sexual assault (266-A(2)): generally prision mayor (and in qualified circumstances, prision mayor to reclusion temporal, depending on how the qualifying circumstance is provided and proven).

C. Penalty for attempted rape (Article 51)

As a rule:

Attempted felony = penalty two degrees lower than the consummated felony.

Applied typically:

Attempted rape (intercourse-type): two degrees lower than reclusion perpetua → commonly lands in prision mayor range (subject to the penalty graduation rules and how the Information charges the offense).
Attempted sexual assault: two degrees lower than the consummated penalty for sexual assault (often yielding a lower range than attempted intercourse-type rape).

Important: Exact penalty computation can be technical (degrees, periods, mitigating/aggravating circumstances, and the Indeterminate Sentence Law). Courts compute penalties based on the statutory framework and the proven circumstances.

D. Indeterminate Sentence Law, probation, parole (practical notes)

Reclusion perpetua cases are not sentenced under the Indeterminate Sentence Law the same way as temporal penalties.
Probation is generally unavailable where the sentence exceeds the statutory threshold (commonly, penalties beyond 6 years), which often excludes attempted rape convictions depending on the imposed sentence.
Parole eligibility can be affected by whether the penalty is reclusion perpetua without parole (commonly for qualified rape after RA 9346’s framework).

E. Civil liability in criminal cases

Conviction typically carries:

Civil indemnity (mandatory in many rape convictions),
Moral damages (recognizing trauma),
Exemplary damages (especially where aggravating/qualifying circumstances exist),
Plus actual damages if proven (medical, therapy, transport, etc.).

Even in attempted rape, civil damages may be awarded depending on proof of harm and prevailing jurisprudence.

8) Procedure, Evidence, and Child-/Disability-Sensitive Handling

A. Who files and how cases start

Rape is prosecuted as a public crime; it does not depend on the victim “pressing charges” in a private sense. Complaints commonly begin with:

Police blotter and referral,
Medico-legal examination,
Inquest or preliminary investigation,
Filing of an Information by the prosecutor.

B. Proof issues that often decide cases

Credibility of the victim – a victim’s testimony can be sufficient if credible and consistent with human experience.
Medical findings – helpful but not always decisive; absence of injury does not negate rape or attempt.
Delay in reporting – not automatically fatal; courts often consider fear, threats, shame, trauma, age, dependency, disability, and household dynamics.
Identity – particularly contested where the accused denies presence; corroboration (messages, witnesses, CCTV, location evidence) can be critical.

C. Special protections for child victims

Courts and prosecutors commonly use child-sensitive rules and practices, including:

Child-friendly interviewing (to reduce retraumatization),
Limits on humiliating or abusive cross-examination,
Use of support persons and protective measures,
In appropriate settings, alternative modes of testimony (depending on governing rules and court orders).

D. Victims with disability: competency and accommodations

A person with disability may still be a competent witness if they can perceive and communicate facts and understand the duty to tell the truth (with accommodations where necessary). Courts can allow:

Simpler questioning,
Breaks, support persons,
Protective measures to prevent intimidation.

9) Common Defenses (and How Courts Often Treat Them)

A. Denial and alibi

These are common and often weak unless backed by strong, credible evidence showing physical impossibility of presence.

B. “Sweetheart defense”

Claims of a romantic relationship or consent are scrutinized closely—especially where:

The victim is under the statutory age,
There is coercion, authority, dependency, disability, or intimidation,
The alleged relationship is unsupported by credible evidence.

C. Consent (limited relevance for minors and incapacity cases)

For victims below 16, consent is generally not a defense (subject to RA 11648’s narrow exceptions).
For victims deprived of reason/unconscious, consent is legally invalid.

D. “No injuries” argument

Not determinative. Rape and attempt can occur without significant physical injuries due to fear, intimidation, shock, or the circumstances of the assault.

10) Charging Strategy: What Prosecutors Often Consider

Because facts vary, the charging decision often turns on:

Whether there were overt acts toward penetration/insertion,
Whether the facts better fit attempted rape or acts of lasciviousness,
Whether a child-protection statute (RA 7610) provides a more fitting theory,
Whether there are qualifying circumstances that must be alleged in the Information (relationship, minority, weapon, multiple offenders, custody, etc.),
Whether there are separate online/exploitation crimes (RA 9775/RA 11930/anti-trafficking).

A key legal principle: qualifying circumstances must be specifically alleged and proven; otherwise, the court may convict only of the lesser/non-qualified form supported by the Information and evidence.

11) Practical Notes for Reporting and Case Building (Non-exhaustive)

Early medico-legal exam can preserve evidence, but delayed reporting does not defeat a case by itself.
Digital evidence (messages, chat logs, call history, photos, location data) is increasingly central, particularly for grooming and attempted assaults.
For minors and PWD victims, coordinated support through family, counsel, social workers, and trauma-informed services often improves both safety and case integrity.

Conclusion

In the Philippines, attempted rape and attempted sexual assault are punishable felonies grounded on the offender’s intent plus overt acts directly tending toward rape, stopped only by an external cause. When the victim is a minor (especially below 16 under RA 11648) or a person with disability (particularly where capacity is compromised), the law tightens the relevance of “consent,” expands protective frameworks, and—when properly alleged and proven—can impose harsher penalties through qualifying circumstances and intersecting child-protection or exploitation statutes.

If you want, I can also add:

a prosecutor-style elements checklist per charge (attempted rape, acts of lasciviousness, RA 7610 sexual abuse, 266-A(2) sexual assault), and
short sample fact patterns showing which charge typically fits which scenario.