Rape

Rape is one of the most prevalent forms of violence against

women (VAW) in the Philippines. Reported rape cases ranked
third (13.1%) of the total reported VAW cases in the country from
1999 to 2009. The hard fact is that this is not yet the true
representation of the problem. Due to cultural and social
stigmatization associated with rape, many women victims prefer
to maintain their silence and not report their ordeal to the
authorities.

The government with the aid of NGOs have taken initiatives to set
up crisis centers for rape survivors in collaboration with the
different sectors of the community to help victims deal with the
trauma and encourage them to report rape. Several rape-related
laws have also been passed to address the concern. Through the
provision of suitable legal support and health services, it is hoped
that women victims of rape be encouraged to come forward for
proper intervention and justice to be served accordingly.

What is rape and how is it committed?

Republic Act No. 8353, known as the Anti-Rape Law of 1997,

expanded the definition of the crime of rape and re-classified it as
a crime against persons. Previously, it was classified as a crime
against chastity, and belonged to the group of crimes that include
adultery, concubinage, acts of lasciviousness, seduction,
corruption of minors and white slave trade. As a crime against
persons, the law no longer considers it as a private crime. Anyone
who has knowledge of the crime may file a case on the victim's
behalf. Prosecution continues even if the victim drops the case or
pardons the offender.

Rape is committed under the following circumstances:

1. A man has sexual intercourse with a woman:

 Through force, threat or intimidation;

 When the victim is deprived of reason or is unconscious;

 Through fraudulent machination or grave abuse of

authority; and
  When the victim is under 12 years of age or is
demented, even if none of the above conditions are
present.

2. Any person who, under any of the above conditions,

commits an act of sexual assault through oral or anal sex or
by inserting an instrument or object into the anal or genital
orifice of another person.

What are the laws relating to rape and what are the
penalties for perpetrators under these laws?

In the Philippines, there are two laws enacted that directly

address rape namely:

 R.A. 8353: The Anti-Rape Law of 1997

 R.A. 8505: The Rape Victim Assistance and Protection Act of

1998

Under R.A. 8353, the penalties for rape perpetrators vary

depending on the act itself and the circumstances surrounding
it. These are the following:

Reclusion perpetua (imprisonment from 20 to 40 years) is

imposed on the offender if rape is committed through sexual
intercourse

(R.A. 8353)

"Article 266-B. Penalty. - Rape under paragraph 1 of the next

preceding article shall be punished by reclusion perpetua.

1. "Whenever the rape is committed with the use of a deadly

weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.

2. "When by reason or on the occasion of the rape, the victim

has become insane, the penalty shall become reclusion
perpetua to death.

3. "When the rape is attempted and a homicide is committed

by reason or on the occasion thereof, the penalty shall be
reclusion perpetua to death.
 4. "When by reason or on the occasion ofthe rape, homicide is
committed, the penalty shall be death.

"The death penalty shall also be imposed if the crime of rape is

committed with any of the following aggravating/qualifying
circumstances:

1. When the victim is under eighteen (18) years of age and

the offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil
degree, or the common-law spouse of the parent of the
victim;

2. When the victim is under the custody of the police or

military authorities or any law enforcement or penal
institution;

3. When the rape is committed in full view of the spouse,

parent, any of the children or other relatives within the
third civil degree of consanguinity;

4. When the victim is a religious engaged in legitimate

religious vocation or calling and is personally known to be
such by the offender before or at the time of the
commission of the crime;

5. When the victim is a child below seven (7) years old;

6. When the offender knows that he is afflicted with the

Human Immuno-Deficiency Virus (HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is
transmitted to the victim;

7. When committed by any member of the Armed Forces of

the Philippines or paramilitary units thereof or the
Philippine National Police or any law enforcement agency or
penal institution, when the offender took advantage of his
position to facilitate the commission of the crime;
 8. When by reason or on the occasion of the rape, the victim
has suffered permanent physical mutilation or disability;

9. When the offender knew of the pregnancy of the offended

party at the time of the commission of the crime; and

10. When the offender knew of the mental disability,

emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime.

Prision mayor (imprisonment from six to 12 years) is imposed

on the offender if rape was committed through oral or anal sex or
through the use of any object or instrument that was inserted
into the mouth or anal orifice of the woman or a man. This may
also be elevated to reclusion temporal (imprisonment from 12 to
20 years) or reclusion perpetua depending on the circumstances
surrounding the crime.

1. "Whenever the rape is committed with the use of a deadly

weapon or by two or more persons, the penalty shall be
prision mayor to reclusion temporal.

2. "When by reason or on the occasion of the rape, the victim

has become insane, the penalty shall be reclusion temporal.

3. "When the rape is attempted and a homicide is committed

by reason or on the occasion thereof, the penalty shall be
reclusion temporal to reclusion perpetua.

4. "When by reason or on the occasion of the rape, homicide is

committed, the penalty shall be reclusion perpetua.