legal opinion on rape

7/23/2019 Legal Opinion on Rape

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D’Great Law Office

444 Julo Street, Hinoba-an, Negros Occidental

January 2, 2!"#

$r% Sa& 'illa

2#4 (i)al Street

*ebu *ity *ebu

(e+ ossible *ri&inal *arges against .ou

Dear $r% 'illa+

.ou re/uested legal o0inion fro& our law office regarding 0ossible cri&inal carges

against you by your girlfriend’s 0arents and a 0ossible ci1il and cri&inal carges against

you by *aty dela *ru) %

e facts gatered, fro& you and your docu&ents are as follows+

e 1icti&, Lucy Sil1a was your girlfriend% 3t te day of te consu&&ation of te cri&e

you, togeter wit your girlfriend was at your friend’s 0arty% 3t te 0arty you got terribly

drun% e last ting you could re&e&ber is tat you dragged Lucy to te stairs andwen you woe u0 in your friend’s roo&, Lucy was crying beside you% Se accused you

of forcing yourself unto er% 3ccording to you te incident was witnessed by anoter

guest in te ouse% 3fterwards Lucy’s 0arents arri1ed wit te 0olice werein you were

arrested and detained%

Our answer is tat a ra0e carged, in order to be 0ro1ed consu&&ated &ust be

witout reasonable doubt and &ust fulfill te re/uisites of ra0e under (3 5#6#% ese

are+

"7 8y a &an wo sall a1e carnal nowledge of a wo&an under any of te following

circu&stances+a7 roug force, treat or inti&idation9b7 :en te offended 0arty is de0ri1ed of reason or is oterwise unconscious9c7 8y &eans of fraudulent &acination or gra1e abuse of autority9d7 :en te offended 0arty is under twel1e ;"27 years of age or is de&ented, e1en

toug none of te circu&stances &entioned abo1e be 0resent%27 8y any 0erson wo, under any of te circu&stances &entioned in 0aragra0 "

ereof, sall co&&it an act of se<ual assault by inserting is 0enis into anoter

0erson’s &out or anal orifie, or any instru&ent or ob=ect, into te genital or anal

orifice of anoter 0erson%

e issue ere is clear+ it’s weter or not you co&&itted ra0e% >n &y o0inion, you are

not liable for ra0e in ter&s of te infor&ation gi1en by you to us tat states9 ?e last

ting you could re&e&ber is tat you dragged Lucy to te stairs and wen you woe u0

in your friend’s roo&, Lucy was crying beside you% Se accused you of forcing yourself



unto er% 3ccording to you te incident was witnessed by anoter guest in te ouse%@

Here, ra0e &ust not be allege but &ust be 0ro1ed%

>n te dissenting o0inion of Justice 3bad Santos on te case of eo0le 1% 8albuena and

orres, e states tat if tere was se<, it could be wit te 1icti&s consent% e

circu&stances su00ort te consensual 1iew%

"7 ere was no deter&ined resistance by Al1ira nor did se sout for el0 considering

tat tere were oter 0ersons in te 0re&ises%27 Se ad no signs of e<tragenital in=ury nor any ind of in=ury for tat &atter% :ile it

is true tat tere can be a con1iction for ra0e e1en absent signs of in=ury still tere

&ust be oter con1incing e1idence% >n te case at bar tere is none oter tan te

say so of te co&0lainant%

>n te foregoing circu&stances it would be i&0ossible for ra0e to a00en consideringte facts tat tere was a 0arty and Lucy could easily get el0 a&ong te guests if se

wanted to% 3nd considering also te fact tat you are drun witout a wea0on it would

&ae it easier for er to run away and as for el0 wic was described abo1e on te

first 1iew of Justice 3bad Santos on eo0le 1% 8albuena and orres% Since you did not

&ention any &edico legal re0ort, > cannot say about te second circu&stance

&entioned% 3lso in eo0le 1% Lago regarding your dragging of Lucy and er allege

refusal it was 0ointed out by te Su0re&e *ourt according to te case tat tere &ust

be 0ysical struggle, ta<ing er 0ower to te ut&ost% us, &ere initial resistance of te

offended 0arty in ra0e cases is not te &anifest and tenacious resistance tat te law

re/uires%

3lso te fact tat se’s crying and accuses you of forcing yourself into er does not

&ean tat ra0e was consu&&ated% >t is clear for ra0e to be consu&&ated tere &ust

be a clear sowing tat you a1e carnal nowledge wit er wic was not found in te

infor&ation tat you send%

e case of eo0le of te ili00ines 1% (odel Singson te *ourt in its decision states9 @

:it so &any inconsistencies and inco&0atibilities wit ?co&&on e<0erience@, te

*ourt is unable to see te unfiltered trut% o conclude, te e1idence failed to o1erco&e

te constitutional 0resu&0tion of innocence of te accused%@ :ic > strongly belie1ewill be a00licable in your situation base on te facts you 0resented to us%

8ut be aware tat e1en toug you &ay be ac/uitted of ra0e you &igt still be liable for

oter carges tat te 0arents &ay file considering se is yet a &inor at te ti&e of te

a00ening of te e1ent%

3side fro& te ra0e carges, you were also concerned on your relationsi0 wit *aty

dela *ru) wo resides in Du&aguete *ity werein you were engaged wit er%

3ccording to you *aty is two &onts 0regnant and you two is sceduled to be &arried

as soon as you get a stable =ob% Howe1er you canged your &ind wen you &et Lucy%

8reac of 0ro&ise to &arry is not an actionable wrong% >n fact, *ongress deliberately

eli&inated fro& te draft of te new *i1il *ode te 0ro1isions tat would a1e it so% >t

&ust not be o1erlooed, owe1er, tat te e<tent to wic acts not contrary to law &ay



be 0er0etrated wit i&0unity, is not li&itless for 3rticle 2" of te *i1il *ode 0ro1ides

tat any 0erson wo willfully causes loss or in=ury to anoter in a &anner tat is contrary

to &orals, good custo&s or 0ublic 0olicy sall co&0ensate te latter for te da&age%

One ting+ &y o0inion is based on te laws and te =uris0rudence a00licable to your

situation% >f by any circu&stance tey tae teir 0ligt in court and file ra0e carges

against you, > a& confident of your ac/uittal%

'ery truly yours,

Juan (o&ulo (% aleon

legal opinion on rape

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