I. Introduction

Attempted rape of a minor is a serious criminal offense under Philippine law, reflecting the State’s commitment to protect children from sexual abuse and exploitation. While the law recognizes that no actual carnal knowledge may have occurred, an attempt alone—demonstrating intent and overt acts toward consummation—is sufficient to warrant severe punishment. Understanding the laws, penalties, and procedures surrounding this crime is essential to ensure justice and safeguard the rights of victims.

II. Legal Basis

A. Rape as a Crime Under the Revised Penal Code

Rape in the Philippines is defined under Article 266-A of the Revised Penal Code (RPC), as amended by Republic Act No. 8353, also known as the Anti-Rape Law of 1997. It is classified as a crime against persons, specifically against chastity, and may be committed in two ways:

By carnal knowledge of a woman under specific circumstances (e.g., through force, intimidation, or when the victim is under 12 years old).
By sexual assault, which involves inserting any instrument or object into the genital or anal orifice of another person.

B. Attempted Rape Defined

An attempted rape occurs when the offender commences the commission of rape directly by overt acts, but does not perform all the acts of execution which should produce the crime by reason of some cause other than voluntary desistance (Article 6, RPC).

Thus, if an offender tries to have carnal knowledge of a victim—such as through forceful undressing or physical restraint—but is stopped or prevented before penetration occurs, it constitutes attempted rape.

C. When the Victim Is a Minor

When the victim is a minor, the offense takes on an aggravated character. Under Article 266-B, the penalty for rape is increased when the victim is below 18 years old, especially if the offender is a parent, ascendant, guardian, relative within the third civil degree, or a person in authority. Even in an attempted stage, the victim’s minority heightens the gravity of the crime.

III. Elements of Attempted Rape

For the prosecution to secure a conviction for attempted rape, the following elements must be proven beyond reasonable doubt:

That the offender intended to have carnal knowledge of the victim;
That he commenced the commission of rape by overt acts;
That the offender did not accomplish all the acts of execution due to some cause other than his own desistance.

The absence of actual penetration distinguishes attempted rape from consummated rape. However, the offender’s actions—such as forcibly removing the victim’s clothes, lying on top of the victim, or restraining movement with evident lustful intent—can clearly establish an attempt.

IV. Penalties

A. General Penalty

Under Article 51 of the Revised Penal Code, the penalty for attempted felonies is two degrees lower than that prescribed for the consummated crime.

Since consummated rape of a minor (especially with aggravating circumstances such as relationship or authority) carries the penalty of reclusion perpetua to death, the penalty for attempted rape would generally fall within:

Prisión mayor (6 years and 1 day to 12 years)
To reclusión temporal (12 years and 1 day to 20 years), depending on the specific circumstances.

B. Aggravating Circumstances

The presence of aggravating circumstances—such as abuse of authority, moral ascendancy, or relationship—can raise the penalty within the maximum range of the law.

If the offender is a public officer, teacher, coach, or religious leader, the abuse of trust or authority further aggravates the offense.

V. Jurisprudence

Philippine jurisprudence has consistently upheld convictions for attempted rape based on clear intent and overt acts, even without penetration:

People v. Campuhan (G.R. No. 129433, March 30, 2000) – The Supreme Court clarified that slight penetration constitutes consummated rape, while no penetration at all, even with evident intent and acts to achieve it, constitutes attempted rape.
People v. Orita (G.R. No. 88724, June 19, 1990) – The Court ruled that the act of laying on top of the victim and attempting to insert the penis constitutes attempted rape, as the acts directly tended to the commission of rape.

VI. Procedure in Handling Cases

A. Reporting and Investigation

Filing of Complaint: The complaint is usually initiated by the victim, a parent or guardian, or any concerned citizen, filed before the police, prosecutor’s office, or barangay.
Police Investigation: Authorities gather evidence, take statements, and conduct a medico-legal examination of the victim.
Inquest or Preliminary Investigation: The prosecutor determines probable cause and files the appropriate information before the court.

B. Trial and Prosecution

Filing of Information: Once probable cause is established, the prosecutor files an Information for Attempted Rape before the Regional Trial Court (Family Court).
Prosecution Evidence: This includes the testimony of the minor victim, corroborating witnesses, and medico-legal findings.
Defense: The accused may raise defenses such as denial, alibi, or lack of intent, but these must overcome the positive identification and testimony of the victim.

C. Protection of the Minor Victim

Under R.A. No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) and R.A. No. 9344 (Juvenile Justice and Welfare Act), special procedures are implemented:

Child-friendly interview techniques
In-camera testimonies or video-link hearings
Non-disclosure of the victim’s identity in public records

VII. Civil Liability and Damages

A conviction for attempted rape automatically carries civil liabilities, including:

Civil indemnity for the act itself
Moral damages for the victim’s mental and emotional suffering
Exemplary damages when aggravating circumstances are present

Even if the offense is only attempted, the emotional trauma to the child warrants substantial compensation.

VIII. Conclusion

Attempted rape of a minor, though falling short of consummation, is a grave crime under Philippine law. The offender’s intent and actions are sufficient to merit severe penalties, given the State’s paramount duty to protect children. The law and courts emphasize that children deserve utmost protection, and any form of sexual aggression—whether completed or merely attempted—will not be tolerated.

The interplay between the Revised Penal Code, special child protection laws, and jurisprudence ensures that victims are protected, offenders are punished, and justice is served with compassion and fairness.