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People vs. Butiong Gr. No. 168932: Facts

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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Kate Derice Tancinco
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522 views

People vs. Butiong Gr. No. 168932: Facts

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.

Uploaded by

Kate Derice Tancinco
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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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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