Please answer: Crim Law 1 Hypo Question

the crime of rape is against chastity. In this case the victim does'nt possess chastity but only titi. obviously there is no crime of rape here.

But a slight physical injury can be files against the accused.A medical cert can be an evidence.

As to the first question regarding whether a crime of attempted rape is commited my contention is:

That there is no attempted rape, in the attempted stage all the acts of execution are not performed to produce a felony due to reasons other than his own spontaneous desistance.

In the committing rape there must be penetration or insertion of the pe**s or any object to the mouth, vag**a or a**l orifice of the victim.

The act of the pedicab driver in kissing and lifting the skirt may not prove that there is intention of raping the victim. In attempted rape the touching of the vag**a with the pe**s must be coupled with the intent to penetrate. However, the victim being a gay does not make the crime of rape impossible.

The accused may be sued for acts of lasciviousness for lifting the skirt and kissing the victim but it must be proved taht it was done with lewd designs,or incontestably it would fall to unjust vexation as ruled in People vs. Gilo. Also, slight physical injuries as stated in the facts.

Yes there is impossible crime.

Article 4(2). Criminal Responsibility. – Criminal responsibility shall be incurred . . .

2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate to ineffectual means.

dude, there could be an impossible crime if the act committed does not constitute any other felony. there is unjust vexation and slight physical injuries.