S.A 2020/21 B.E CRIMINAL LAW | Question #01

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW 



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Interviewed for a newspaper, a former beauty queen revealed that when she was 16 years old, she had her first sexual intercourse with her ex-boyfriend, who was then 28 years old.

In her narration, she said that she did not know what she was doing and noted that her ex-boyfriend of a more advanced age misled her to doing what he wanted. She added that at certain points during the encounter, she repeatedly said no but her ex-boyfriend was just too strong for her. The ex-boyfriend left her shortly thereafter.

Was there a crime committed by the ex-boyfriend? Explain briefly. 

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SUGGESTED ANSWER:

Yes, the ex-boyfriend committed rape through sexual intercourse under Art. 266-A of the Revised Penal Code, in relation to Art. 266-B.

Art. 266-A provides that rape through sexual intercourse is committed by a man who shall have carnal knowledge of a woman through force.

In this case, the ex-boyfriend, who is a man, had sexual intercourse with the former beauty queen through force, without the latter’s consent. Force and intimidation is present in this case, as implied by the fact that the ex-boyfriend was strong enough to consummate the sexual intercourse, despite the former beauty queen’s repeated protests to the act (See People v. Tulagan).


Alternative Answer:

Yes, the ex-boyfriend committed a violation of Section 5(b) of Republic Act No. 7610 when he had sexual intercourse through coercion or influence against the former beauty queen who was 16 when the act was committed. 


Code: S.A 2020/21 B.E CRIMINAL LAW | Question #01 


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