No rape with murder, instead rape with homicide

PH Internet is lit with discussions on rape, homicide, and murder, following a tragic event involving a flight attendant who was found dead at a hotel in Makati after what is reported to be a New Year’s party celebration.

The following article will not discuss the incident. Instead, it will focus on the legal aspects of the charges. In particular, many are asking why were the charges rape with homicide and not “rape with murder”.

No rape with murder

There is no such thing as rape with murder. Instead, those are two separate crimes. This means that a rape happened and done. Then, sometime thereafter, a murder happened.

The time difference between the two is immaterial. What matters is that the first crime (i.e. rape) was already over before the next crime happened (i.e. murder).

Further, the criminal intent of rape is separate and distinct from the criminal intent to murder the victim. Meaning, at the time the rape was being committed, the accused’s criminal intent was to rape the victim, and not to kill. Then, afterwards, the accused planned on killing the victim constituting the separate criminal intent for murder.

In the above case, the accused will be charged with 1 count of rape, and 1 count of murder.

When a rape with homicide

However, if during the rape, the victime is killed, the crime is rape with homicide.

The accused’s criminal intent was to rape, and not to kill. Unfortunately, in the process of doing so, the victim gets killed. However, the killing was without criminal intent thus constituting homicide.

The main difference between homicide and murder is the criminal intent. If the accused had no criminal intent in the killing of the victim, that is homicide. If the accused had criminal intent, that is murder.