El Pueblo, Demandante y Apelado v. Cortés, Acusado y Apelante

Summary

The Supreme Court of Puerto Rico reversed a conviction for the rape of a girl under fourteen, holding that under article 255 of the Penal Code the words 'with a woman not his own' state an essential element of the offense that must be alleged in the information, at least in substance, for it to charge a prima facie crime, and that the omission is a substantial defect not waived by a plea of not guilty. The court further held that the allegation of the victim's age did not negate the possibility of marriage by necessary deduction, since under article 131 of the Civil Code a marriage with a girl under sixteen could be validated ipso facto, and that the accused was entitled to a positive allegation and proper jury instructions on the element. Chief Justice Hernandez and Associate Justice Aldrey dissented, would have affirmed on the ground that non-marriage followed by necessary deduction from the victim's age and was in any event a matter of defense rather than something the prosecution had to plead.