Ministerio Público c/ Julián Cachiqui Da Costa

Defendant was accused of aggravated rape of his 11-year old daughter, in violation of Art. 308 and 310-2 of the Penal Code. The defendant admitted to the rape, explaining it was an irresistible impulse. The trial court held that there was sufficient evidence not only to prove that the Defendant had raped his daughter, but that he had used force and threats of force to do so. Defendant was sentenced to 12 years in jail, and fined punitive damages. On appeal, the appellate court held that the appropriate sentence was 13 years, and that the penal code did not allow for the punitive damages. The Supreme Court affirmed.



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