People v. Hernandez
REITERATIONFacts
The Antecedents: The accused, Domingo Hernandez, a 70-year-old man, was accused of raping Conrada Jocson, a 9-year-old girl, who was the granddaughter of his wife. The information alleged that the accused, by means of force and by intimidating the victim with a knife, had carnal knowledge of her. Aggravating circumstances alleged were that the accused was the husband of the victim's grandmother and that the crime was committed with grave abuse of confidence, as they lived in the same house. Procedural History: The court below found the defendant guilty of frustrated rape and sentenced him to ten years and one day of prision mayor, apparently based on the opinion that consummated rape requires complete penetration of the hymen. The Petition: The defendant appealed the decision.
Issue(s)
Whether the crime committed was frustrated rape or consummated rape. Whether penetration without rupture of the hymen constitutes consummated rape.
Ruling
The judgment of the court below is modified. The defendant is found guilty of the consummated crime of rape. The penalty is increased to seventeen years, four months and one day of reclusion temporal, with the accessory penalties prescribed by law. The judgment is affirmed in all other respects, with costs against the appellant.
Ratio Decidendi
On whether the crime committed was frustrated rape or consummated rape: The court clarified that the opinion that consummated rape requires complete penetration of the hymen is contrary to modern authorities. The court cited various cases, including State vs. Johnson, People vs. Rivers, and others, which establish that any penetration, whether reaching the hymen or not, is sufficient to constitute the crime. The court emphasized that it is enough if the woman's body is entered, and the extent of penetration is not necessary to prove. The entry of the male organ within the labia of the female organ, even without rupture of the hymen or laceration of the vagina, is sufficient for conviction of consummated rape. On whether penetration without rupture of the hymen constitutes consummated rape: The court found that in the present case, the physician who examined the offended party found the labia and the opening of the vagina inflamed, with an abundance of semen, despite the hymen being intact. The defendant lay on top of the child for over fifteen minutes, and the child testified to partial penetration and intense pain. Based on these circumstances and the cited authorities, the court concluded that the crime must be regarded as consummated rape, not frustrated rape.
Main Doctrine
Penetration, even without rupture of the hymen or laceration of the vagina, is sufficient to constitute the consummated crime of rape, provided there is proof of some degree of entrance of the male organ within the labia of the female organ.