Rape may be committed anywhere

Rape may be committed anywhere "My brother is being accused of rape, which allegedly happened when the victim was sleeping near his wife. I do not believe that my brother can commit the said crime. Can rape occur under the said circumstances?Danilo Dear Danilo,Rape is a crime punishable under Article 266-A of the Revised Penal Code of the Philippines which states: “Rape is committed -“1)   By a man who shall have carnal knowledge of a woman under any of the following circumstances: “a) Through force, threat or intimidation“b) When the offended party is deprived of reason or otherwise unconscious, “c) By means of fraudulent machination or grave abuseof    authority and“d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.“2.  By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.”The place where the crime may be committed is immaterial. Please be guided by the pronouncement of the court in the case of People of the Philippines vs. Suwalat (GR 227749, Sept. 22, 2020), where the Supreme Court speaking through Associate Justice Amy Lazaro-Javier stated: “For one, the close proximity of other people or even relatives at the rape scene does not disprove the commission of rape. For lust is no respecter of time and place. People v. Descartin, Jr.  ordains:“It is well-settled that close proximity of other relatives at the scene of the rape does not negate the commission of the crime. Rape can be committed even in places where people congregate, in parks, along the roadside, within school premises, inside a house where there are other occupants, and even in the same room where other members of the family are also sleeping. It is not impossible or incredible for the members of the victim’s family to be in deep slumber and not to be awakened while a sexual assault is being committed. Lust is no respecter of time and place neither is it deterred by age nor relationship.”Applying the above-quoted decision in your situation, rape may be committed anywhere. It can be committed even with the close proximity of other people or relatives at the crime scene, in places where people congregate or even in the same room where other members of the family are sleeping because lust is no respecter of time and place.We hope we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/