Robbery with Rape
“When the robbery shall have been accompanied by rape”
A. The rape maybe committed before, during, or after the robbery so long as it was contemporaneous with the robbery and so long as the original intention was to rob.
B. If the original intention is to rape and not to rob so that if the taking came only after the rape because the opportunity presented itself, the taking is theft.
C. The victim of the rape may be any person including one of the robbers
D. Both the robbery and rape must be consummated other wise the there are two separate offenses.
E. If there are two or more rapes, the others will be considered as aggravating circumstances of ignominy.
1. If the girl is robbed, raped and then killed, the crime is Robbery with Homicide aggravated by rape
2. If the girl is raped, then robbed and then killed the crimes are (i) Rape with Homicide and (ii) Robbery
3. If the girl is raped and then a personal property is taken the crimes are (i) Homicide and (ii) Theft