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.