Unusual Defense Raised by the Accused of the crime of Rape charged against Him

Article 266-A of the Revised Penal Code (Philippines) contemplates that Rape is committed

1.) By a manwho shall have carnal knowledge of a woman under any of the following circumstances:
a.) Through force, threat, or intimidation;
b.) When the offended party is deprived of reason or otherwise unconscious;
c.) By means of fraudulent machination or grave abuse of authority; and
d.) When the offended party is under twelve (12) years of agae or is demented, even though none of
the circumstances mentioned above the present.

2.) By any person who, under any of the cirucmstances mentioned in paragraph 1 hereof, shall commit
an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another person.

The case of People vs. Hangdaan (201 scra 568) What happened here (i'll digest the case na lang) was
the accused repeatedly tried, but in vain, to introduced his BIG PENIS into the victim's vagina. His
defense was his BIG PENIS for the prevailing jurispurdence in rape, it is not necessary that there is a
full penetration of the female organ by the male organ. Penetration, no matter how slight, even if there
is no ejaculation or emission on the part of a man, consummates automatically the crime of rape.

The Supreme Court held :

Accused is guilty of the crime of rape.For it is settled rule that for rape to be consummated, it is not
essential that there be a perfect, complete and full penetration of the vagina. Mere entry of the labia or
lips of the female organ, without rapture of the hymen or laceration of the vagina, is sufficient to
warrant the conviction for consummated rape.

My theory maybe the evidence was soo strong against the accused, his "amazing" lawyer (
bwahahahahahahaha) cant think of any defense na, that's why BIG PENIS ( if makalusot pero wala)
was raised as the defense of the accused. Aware of the fact that a crime of rape cannot be committed if
the accused has no penis ( im referring only to the paragraph one of the art. 266-A). Well, size will not
matter as long as the penis touched the labia or lips of the female organ. Malamang kahit gaano kalaki
yang penis na yan definitely ma touch yung lips of the female organ. Very unusual ano? what do you
think? ipis ipis (aka isip isip) he he he

Page 1 of 1