Practice question
A trial court labels established rape by sexual intercourse frustrated solely because the offender did not achieve his intended full sexual satisfaction, despite the legally sufficient consummating penetration being proved. Which is best under Orita’s stage doctrine?
- Personal satisfaction is the controlling element
- Any interrupted departure creates frustration
- The trial label necessarily controls
- The offense remains preparation until every personal aim is met
- The statutory consummation threshold governs; Orita rejects frustrated rape rather than making full personal satisfaction an element
Legal references
- People v.Orita, GR88724, April3,1990, main opinion: https://lawphil.net/judjuris/juri1990/apr1990/gr_88724_1990.html
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