In the Philippine legal system, the crime of rape is treated with utmost gravity. However, cases do not always reach the stage of "consummation." When an offender commences the commission of rape but fails to perform all the acts of execution due to causes other than their own spontaneous desistance, it is classified as Attempted Rape.
I. The Legal Basis
Under the Revised Penal Code (RPC), specifically Article 6 in relation to Article 266-A (as amended by Republic Act No. 8353, or the Rape Victim-Abstinence and Protection Act of 1997), a felony is attempted when:
- The offender begins the commission of a felony directly by overt acts;
- The offender does not perform all the acts of execution which should produce the felony;
- The failure to perform all acts is by reason of some cause or accident other than the offender’s own spontaneous desistance.
II. Essential Elements of Attempted Rape
To secure a conviction for attempted rape, the prosecution must establish the following elements beyond reasonable doubt:
- Overt Acts: The accused must have performed physical acts that clearly indicate an intent to have carnal knowledge of the victim (e.g., undressing the victim, pinning them down, or touching the private parts with the intent to penetrate).
- Intent to Penetrate: There must be a clear intent to achieve sexual intercourse (carnal knowledge) through force, threat, intimidation, or when the victim is deprived of reason or otherwise unconscious.
- Non-Consummation: The act of penetration—no matter how slight—did not occur. If there is even the slightest entry of the labia, the crime is already "Consummated Rape."
- External Intervention: The failure to finish the act must be due to an outside factor (e.g., the victim fought back successfully, bystanders arrived, or the police intervened). If the accused stops voluntarily because of a change of heart, it may not be considered attempted rape.
III. Distinction: Attempted Rape vs. Acts of Lasciviousness
A common point of confusion is the difference between Attempted Rape and Acts of Lasciviousness (Article 336, RPC).
| Feature | Attempted Rape | Acts of Lasciviousness |
|---|---|---|
| Intent | Intent to have carnal knowledge (penetrate). | Intent to derive sexual pleasure/lewdness without penetration. |
| Overt Act | Acts leading directly toward penetration. | Fondling, kissing, or touching without intent to penetrate. |
| Penalty | Higher penalty (lower by two degrees from consummated). | Lower penalty (Prision Correccional). |
IV. Penalties
Under Philippine law, the penalty for an attempted crime is generally two degrees lower than that prescribed for the consummated felony.
- Consummated Rape: The penalty is Reclusion Perpetua.
- Frustrated Rape: Usually skipped in legal practice, as rape is considered a "physical" crime that is either attempted or consummated.
- Attempted Rape: The penalty is Prision Mayor (ranging from 6 years and 1 day to 12 years).
Note: If the attempted rape is committed with a deadly weapon or by two or more persons, aggravating circumstances may apply, potentially increasing the duration of the sentence within the prescribed range.
V. How to File a Case
The process of seeking justice involves several critical steps:
- Immediate Reporting: Report the incident to the nearest Women and Children Protection Desk (WCPD) at a Philippine National Police (PNP) station.
- Medical Examination: Even if penetration did not occur, a physical examination by a medico-legal officer is vital to document bruises, DNA evidence, or signs of struggle.
- Affidavit-Complaint: The victim (complainant) must execute a sworn statement detailing the incident. This is usually done with the assistance of a police investigator.
- Preliminary Investigation: The case is forwarded to the Office of the City or Provincial Prosecutor. The prosecutor determines if there is "probable cause" to bring the case to court.
- Filing of Information: If probable cause is found, the prosecutor files a formal "Information" (charge) with the Regional Trial Court (RTC), and a warrant of arrest will be issued for the accused.
VI. Important Legal Principles
- The "Slightest Penetration" Rule: Philippine jurisprudence is strict. Any entry of the male organ into the labia of the female organ, even without rupture of the hymen or emission of semen, consummates the rape. If this occurs, it is no longer "attempted."
- Evidence of Resistance: While RA 8353 removed the requirement for the victim to prove "tough resistance," showing that the victim did not consent and that force was used remains central to the prosecution’s case.
Would you like me to draft a sample Affidavit-Complaint for an attempted rape scenario based on Philippine legal standards?