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Showing 1–23 of 23 articles for “mental retardation”

Rape and Mental Capacity: Philippine Supreme Court Ruling on Criminal Liability

Philippine Supreme Court clarifies rape liability involving mental retardation, distinguishing statutory rape from rape of a person deprived of reason.

Rape of a Person with Mental Retardation: Consent and the Need for Specific Allegations

The Supreme Court clarifies that carnal knowledge of a mental retardate is rape, but qualifying circumstances must be alleged in the Information.

Simple Rape vs Statutory Rape: The Legal Standard for Victims With Mental Retardation

Philippine Supreme Court clarifies that rape of a mental retardate is simple rape under Article 266-A(1)(b), not statutory rape, regardless of mental age.

Mental Capacity and Witness Testimony: Protecting Vulnerable Victims of Sexual Assault

How Philippine courts assess mental capacity of rape victims with disabilities, and why mental retardation alone does not disqualify a witness.

Protecting Vulnerable Victims: Admissibility of Testimony From Persons With Mental Retardation in Rape Cases

The Supreme Court affirms that persons with mental retardation can be credible witnesses in rape cases, provided they understand questions and testify clearly.

Rape Conviction Upheld Despite Victim's Mental Retardation: People v. Manicat

The Supreme Court upheld a rape conviction where the victim had mild mental retardation, ruling that mental disability does not automatically disqualify a witness.

Rape of a Person with Mental Retardation: What People v. Bayrante Teaches

In People v. Bayrante, the Supreme Court affirmed rape convictions where the victim had mild mental retardation, ruling that mental deficiency negates consent.

Rape Conviction Upheld: Mental Retardation and the Assessment of Force and Consent

A Supreme Court ruling explains why a rape charge built on force and intimidation does not require the victim's mental retardation to be alleged in the information.

Rape Conviction Upheld: Force and Intimidation Override Mental Capacity Concerns

The Supreme Court affirms a rape conviction in People v. Neverio, ruling that force and intimidation, not proof of mental retardation, sustain the guilty verdict.

Mental Retardation and Witness Credibility in Rape Cases: People v. Martinez

The Supreme Court affirms that mental retardation alone does not disqualify a rape victim from testifying credibly.

Protecting the Vulnerable: Upholding Rape Conviction Despite Victim's Mental Retardation

The Supreme Court affirms a rape conviction, ruling that a mentally retarded victim's straightforward testimony remains credible and sufficient for conviction.

Rape Conviction Upheld: Mental Capacity and the Meaning of Force and Intimidation

A Philippine Supreme Court ruling explains how force and intimidation in rape are judged, especially when the victim has mental retardation and cannot resist.

Competency of Witnesses: Testimony of Persons with Mental Retardation in Rape Cases

The Supreme Court affirms that a person with mental retardation can be a competent witness in rape cases if able to perceive and relate facts.

Rape of a Person with Mental Retardation: Lack of Consent and Legal Implications

Philippine Supreme Court rules sexual intercourse with a mental retardate is rape even without force, as she cannot validly consent.

Rape and the Burden of Proof: Consent and Minority in Philippine Law

The Supreme Court acquits a rape accused, clarifying that mental retardation must be proven beyond reasonable doubt, not presumed.

Rape and Mental Capacity: Understanding the Burden of Proof in Philippine Law

A Supreme Court acquittal clarifies when mental retardation must be proven to convict in rape cases, and why the prosecution's burden matters.

Protecting THE Vulnerable Rape OF A Person With Mental Retardation AND THE Waiver OF Constitutional Rights

Protecting the Vulnerable: Rape of a Person with Mental Retardation and the Admissibility of Their Testimony

The Supreme Court affirms that a mental retardate can be a credible witness in rape cases, and explains why an intact hymen does not negate rape.

Rape and Mental Incapacity: Consent, Force, and the Case of People v. Lopez

A niece with mild mental retardation is raped by her uncle. The Court explains consent, force, and why the death penalty failed.

Protecting THE Vulnerable Consent AND Justice FOR Victims With Mental Retardation IN Rape Cases

Protecting Vulnerable Victims: Consent and Jurisdiction in Rape Cases Involving Mental Retardation

The Supreme Court clarifies that a rape complaint filed by police is valid when the victim is mentally incapacitated, affirming conviction.

Protecting the Vulnerable: Rape of a Person with Mental Deficiencies and Victim Credibility

The Supreme Court affirms rape conviction where the victim has mild mental retardation, clarifying that mental deficiency does not undermine credibility.

Consent and Rape: When Mental Retardation Negates Valid Consent

Philippine Supreme Court ruling on rape of a mental retardate and why apparent consent does not negate criminal liability.