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    People vs. Butiong Gr. No. 168932: Facts

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    Kate Derice Tancinco
    This case involves a 29-year-old woman with the mental capacity of a 6-7 year old child who was sexually assaulted by her neighbor. When she told her sister what happened, they went to the police. Psychological tests confirmed the woman had mild mental retardation. The court found the neighbor guilty of rape because a mentally retarded person cannot consent to sexual acts, and force or intimidation does not need to be proven - only the sexual act and the victim's mental retardation. Rape of a mentally retarded person falls under not needing consent due to being deprived of reason.

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    People vs. Butiong Gr. No. 168932: Facts

    Uploaded by

    Kate Derice Tancinco
    386 views1 page
    This case involves a 29-year-old woman with the mental capacity of a 6-7 year old child who was sexually assaulted by her neighbor. When she told her sister what happened, they went to the police. Psychological tests confirmed the woman had mild mental retardation. The court found the neighbor guilty of rape because a mentally retarded person cannot consent to sexual acts, and force or intimidation does not need to be proven - only the sexual act and the victim's mental retardation. Rape of a mentally retarded person falls under not needing consent due to being deprived of reason.

    Original Title

    Article 12 Par 1_People vs Butiong

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    This case involves a 29-year-old woman with the mental capacity of a 6-7 year old child who was sexually assaulted by her neighbor. When she told her sister what happened, they went to the police. Psychological tests confirmed the woman had mild mental retardation. The court found the neighbor guilty of rape because a mentally retarded person cannot consent to sexual acts, and force or intimidation does not need to be proven - only the sexual act and the victim's mental retardation. Rape of a mentally retarded person falls under not needing consent due to being deprived of reason.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    386 views1 page

    People vs. Butiong Gr. No. 168932: Facts

    Uploaded by

    Kate Derice Tancinco
    This case involves a 29-year-old woman with the mental capacity of a 6-7 year old child who was sexually assaulted by her neighbor. When she told her sister what happened, they went to the police. Psychological tests confirmed the woman had mild mental retardation. The court found the neighbor guilty of rape because a mentally retarded person cannot consent to sexual acts, and force or intimidation does not need to be proven - only the sexual act and the victim's mental retardation. Rape of a mentally retarded person falls under not needing consent due to being deprived of reason.

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    © All Rights Reserved
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    People vs. Butiong Gr. No.

    168932
    Facts:
    This case involves a man who had sexual intercourse with a woman who, although 29 years of
    age, was a mental retardate with the mentality of a six- to seven-year old.

    In the evening of October 7, 1998, AAA, then a 29-year-old mental retardate, was invited by
    Butiong, her long-time neighbor, to go over to his house because he would give her
    something. AAA obliged. He locked the door as soon as she had stepped inside his house, and
    then took off his shorts and the shorts of AAA. He led her to the sofa, where he had carnal
    knowledge of her.

    Upon reaching home, AAA forthwith told her older sister what had happened. Her sister
    brought AAA to the police station and later on to the National Bureau of Investigation (NBI).
    AAA underwent a series of Psychological Test with result showed that she had a mild level of
    mental retardation, and that her mental age was that of a child aged from six to seven years.

    The RTC rendered judgment finding Butiong guilty of Rape.


    Issue:
    Whether or not the accused is guilty of rape.

    Rulings:
    Yes. Rape is essentially a crime committed through force or intimidation, that is, against the
    will of the female. It is also committed without force or intimidation when carnal knowledge
    of a female is alleged and shown to be without her consent. This understanding of the
    commission of rape has been prevalent in both the common law and the statutory law
    systems.

    There are four modes of committing the crime of rape as provided in paragraph 1, Article
    266-A of the Revised Penal Code, as amended, applied in his case, namely:

    a.     Through force, threat or intimidation;

    b.     When the offended party is deprived of reason or is otherwise unconscious;

    c.      By means of fraudulent machination or grave abuse of authority;

    d.     When the offended party is under 12 years of age, or is demented, even though none of the
    circumstances first mentioned is present.

    Carnal knowledge of a mental retardate is rape under paragraph 1 of Article 266-A of


    the Revised Penal Code, as amended by Republic Act No. 8353 because a mental retardate is
    not capable of giving her consent to a sexual act. Proof of force or intimidation is not
    necessary, it being sufficient for the State to establish, one, the sexual congress between the
    accused and the victim, and, two, the mental retardation of the victim. It should no longer be
    debatable that rape of a mental retardate falls under paragraph 1, b), of Article 266-A, supra,
    because the provision refers to a rape of a female “deprived of reason,” a phrase that refers
    to mental abnormality, deficiency or retardation.

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