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Please answer: Crim Law 1 Hypo Question

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1 Please answer: Crim Law 1 Hypo Question on Fri Jul 13, 2012 10:15 pm


Arresto Menor
A beautiful lady wearing a mini-skirt walking in Mendiola caught the attention of a pedicab driver. He had thoughts of raping her. When the lady turned to an alley, the pedicab driver grabbed the lady and started kissing her. There was some slight physical injuries in the arms of the lady. Hereafter, the accused lifted the skirt of the lady and found out that the lady was actually a gay. Subsequently, he retracted from the act and expired from the place.

Is there a crime of attempted rape or should the case be considered an impossible crime?

i would like to know the answer for this one.. please comment your reply. thanks! cyclops

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2 Re: Please answer: Crim Law 1 Hypo Question on Sat Jul 21, 2012 3:53 pm

political _animal

Arresto Menor
the crime of rape is against chastity. In this case the victim does'nt possess chastity but only titi. obviously there is no crime of rape here.

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3 Re: Please answer: Crim Law 1 Hypo Question on Sat Jul 21, 2012 9:49 pm


Reclusion Perpetua
But a slight physical injury can be files against the accused.A medical cert can be an evidence.

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4 Re: Please answer: Crim Law 1 Hypo Question on Wed Sep 19, 2012 2:16 am


Arresto Mayor
As to the first question regarding whether a crime of attempted rape is commited my contention is:

That there is no attempted rape, in the attempted stage all the acts of execution are not performed to produce a felony due to reasons other than his own spontaneous desistance.

In the committing rape there must be penetration or insertion of the pe**s or any object to the mouth, vag**a or a**l orifice of the victim.

The act of the pedicab driver in kissing and lifting the skirt may not prove that there is intention of raping the victim. In attempted rape the touching of the vag**a with the pe**s must be coupled with the intent to penetrate. However, the victim being a gay does not make the crime of rape impossible.

The accused may be sued for acts of lasciviousness for lifting the skirt and kissing the victim but it must be proved taht it was done with lewd designs,or incontestably it would fall to unjust vexation as ruled in People vs. Gilo. Also, slight physical injuries as stated in the facts.

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5 Re: Please answer: Crim Law 1 Hypo Question on Thu Oct 11, 2012 11:16 pm


Reclusion Perpetua
Yes there is impossible crime.

Article 4(2). Criminal Responsibility. – Criminal responsibility shall be incurred . . .

2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate to ineffectual means.

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6 Re: Please answer: Crim Law 1 Hypo Question on Sat Oct 20, 2012 9:25 am


Arresto Menor
dude, there could be an impossible crime if the act committed does not constitute any other felony. there is unjust vexation and slight physical injuries.

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