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Two Elements of Statutory Rape
« on: February 25, 2020, 06:47:37 AM »
Two elements must be established to hold the accused guilty of statutory rape, namely: (1) that the accused had carnal knowledge of a woman; and (2) that the woman is below twelve years of age or demented. Proof of force, intimidation and consent is unnecessary, since none of these is an element of statutory rape as the only subject of inquiry is the age of the woman and whether carnal knowledge took place.[35] Here, the prosecution has proved beyond reasonable doubt the said two elements, as well as the victim's relationship with the offender.
SOURCE: SUPREME COURT DECISION

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