Facts: The complaint alleged that the accused, by means of threats, force and intimidation succeeded in having carnal knowledge of the victim. The victim’s grandmother testified that at the time of the commission of the crime, the victim was only 11 years old. Defendant argues that the prosecution failed to establish the fact that the victim was below 12 years old at the time the rape was committed.
Issue: Whether the age of the victim should be established by the prosecution in the crime of rape.
Held: When the rape is committed by using force or intimidation, the victim does not have to be less than 12 years of age. It is only required that the complaint and information for rape clearly describe the specific circumstance which would make the carnal knowledge of a woman be qualified as rape.
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