RAIT V. PEOPLE (CRIMINAL, REMEDIAL)

Petitioner argues that he should be acquitted of the crime of attempted rape. If he is to be found guilty of any offense, he should be convicted only of unjust vexation as in Baleros case.

Petition is denied.

First, the findings of fact of the trial court especially when affirmed by the CA are conclusive upon this Court. In this case, the trial court found the acts imputed to petitioner to have been duly proven by the evidence beyond reasonable doubt. We are bound by such finding.

Unlike in Baleros, the acts of the petitioner clearly establish his intention to commence the act of rape. Petitioner had already successfully removed the victim's clothing and had inserted his finger into her vagina. It is not empty speculation to conclude that these acts were preparatory to the act of raping her. Had it not been for the victim's strong physical resistance, petitioner's next step would be, logically, having carnal knowledge of the victim.

***Case happened in 1993 when the new Anti-Rape Law of 1997 (RA 9353) has taken effect. After its effectivity, INSERTION OF A FINGER IN THE VAGINA is consummated rape by sexual assault (second form of rape).

Article 266-A. Rape. When and How Committed.

Rape is committed -

x x x x

2. By any person who, under any of the circumstances 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.