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INTRODUCTION
Rape is one of the most prevalent forms of violence against
of
the
problem.
(http://www.pcw.gov.ph/focus-
than July 1998 the new Anti-Rape law had come into the decisional
consciousness of the Supreme Court.
This legal research paper shows the development of the law per
se with new and updated information, its strengths and weaknesses,
alternative or possible actions through the recommendations given by
the researchers.
DEFINITION OF TERMS
It is defined pursuant to Article 266-A of the Revised
Penal Code, as amended by RA 8353, as a crime against
persons committed as follows:
1. by a man who shall have carnal knowledge of a
woman under any of the following circumstances:
a. through force, threat, or intimidation;
b. when the offended party is deprived of reason or
otherwise unconscious;
c. by means of fraudulent machinations or grave abuse
of authority; and
d. when the offended party is under twelve (12) years
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Sexual
assault
Violence,
crimes of
attempted and completed crimes. Completed violence The sum of all completed rapes, sexual assaults,
robberies, and assaults. See individual crime types for
definition of completed crimes. Attempted/threatened
violence - The unsuccessful attempt of rape, sexual
assault,
personal
robbery
or
assault.
Includes
Rape Crisis
Center
Reclusion
Perpetua
Prision
Mayor
or
man.
This
may
also
be
elevated
or
reclusion
perpetua
depending
on
the
Acts of
II.
LEGISLATIVE HISTORY
Republic Act No. 8353, also known as the Anti-Rape Law of 1997,
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3. When the woman is under twelve years of age, even though neither
of the circumstances mentioned in the two next preceding paragraphs
shall be present.
The crime of rape shall be punished by reclusion perpetua
Whenever the crime of rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be reclusion
perpetua to death.
When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be death.
When rape is attempted or frustrated and a homicide is committed by
reason or on the occasion thereof, the penalty shall be likewise death.
When by reason or on the occasion of the rape, a homicide is
committed, the penalty shall be death. As amended by R.A. 2632,
approved June 18, 1960, and R.A. 4111, approved June 20, 1964 states
as follows:
"Republic Act No. 2632
Art. 335. When and how rape is committed Penalties. Rape is
committed by having carnal knowledge of a woman under any of the
following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious;
and
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3. When the woman is under twelve years of age, even though neither
of the circumstances mentioned in the two next preceding paragraph
shall be present:
The crime of rape shall be punished by reclusion temporal.
Whenever the crime of rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be imposed in its
maximum period.
When by reason or on the occasion of the rape, a homicide is
committed the penalty shall be reclusion perpetuato death.
When rape is frustrated or attempted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be reclusion
perpetua.
When by reason or on the occasion of the rape, the victim has become
insane the penalty shall be likewisereclusion perpetua.
and
"Republic Act No. 4111
Art. 335. When and how rape is committed Penalties. Rape is
committed by having carnal knowledge of a woman under any of the
following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious;
and
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3. When the woman is under twelve years of age, even though neither
of the circumstances mentioned in the two next preceding paragraphs
shall be present:
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be reclusion
perpetua to death.
When by reason or on the occasion of the rape, the victim has become
insane the penalty shall be death.
When the rape is attempted or frustrated and a homicide is committed
by reason or on the occasion thereof, the penalty shall be likewise
death.
When by reason or on the occasion of the rape, a homicide is
committed, the penalty shall be death.
Art. 336. Acts of lasciviousness. Any person who shall commit any act
of lasciviousness upon other persons of either sex, under any of the
circumstances mentioned in the preceding article, shall be punished
by prision correccional.
The Rape Law of 1997 authored by Senator Leticia Ramos
Shahani, signed into law by President Fidel V. Ramos on September 30,
1997, and became Article 266-A to 266-D under Crimes Against
Persons (Title Eight) of the Revised Penal Code of the Philippines on
October 22, 1997, sought to remedy the failings of the old provisions of
the law. It expanded the definition of the crime of rape and re-classified
it as a crime against persons after seventy-years. (Monitoring the
Philippine
Rape
Laws:
The
Policy
and
the
Myths.
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DISCUSSION
abuse of authority, and when the offended party is under twelve (12)
years of age or is demented, even though none of the circumstances
first mentioned are present.
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in
People
v.
Campuhan,
the
term
"slightest
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Montes,
coordinator
for
services
of
the
women's
confidentiality rule is not mandatory because the law only uses may
order in the non-disclosure. In practice, the name of the complainant
still appears in the medico-legal report and in the decision itself.
Filing a Case
A survivor of rape can go to the police who will then give her a
referral form to go to the medico-legal for an examination. Ideally, she
should get her examination within 24 hours.
bath between the time of the rape and the time of filing of a complaint
because it may destroy evidence. She should bring her soiled clothes
and other garments to be entered as evidence.
The medico-legal will take a swab of the mouth and the genital
area and will check for injuries and bruises. She may also examine the
fingernails to see if there are skin sediments of the perpetrator under
the fingernails in case the woman scratched the perpetrator.
After that, the police will take a sworn statement from the
complainant which she should file with the Prosecutors Office. A
preliminary investigation will be done to establish probable cause. If
probable cause is established, a warrant of arrest will be issued by the
court and a trial will ensue.
Implementing Rules of Republic Act 8353
The Department of Social Welfare and Development (DSWD), the
Department of Health (DOH), the Department of the Interior and Local
Government (DILG), the Department of Justice (DOJ), and a lead nongovernment organization (NGO) with proven track record or experience
in handling sexual abuse cases, shall establish in every province and
city a rape crisis center located in any suitable place, or in a
government hospital or health clinic.
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the
recovery
of
rape
survivors
and
other
support
interventions.
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the line of the pillar of the criminal justice system, from the Supreme
Court to the lower courts and judges, to the Department of Justice and
its public prosecutors, and to the Philippine National Police the very
implementators of the law.
In connection, though there have been no R.A. No. 8353 cases
during the three-year period after it approval, there are many Supreme
Court decisions which state and restate what it considers as the three
fundamental guiding principles in the review of rape cases. In other
words, three years of the new Anti-Rape law has so far had no
appreciable impact on a rethinking of these principles. Because of the
crucial role these principles play in deciding rape case, the study
focused on them with a view to legislative and judicial reform that the
new Anti-Rape law ha not brought about. (Two Laws on Rape: Twin
Imperatives for Justice and Healing by Merci Llarinas-Angeles)
The principles are invariably stated as follows:
1.
prove but more difficult for the person accused, though innocent, to
disprove it;
2.
In view of the intrinsic nature of the crime where two persons are
usually
involved,
the
testimony
of
the
complainants
must
be
The evidence for the prosecution must stand or fall on its own
case after case of Supreme Court rape decisions, very much part of the
full law on rape.
The first principle can be traced back to the cautionary
instructions given to jurors based on the words of Sir Mathew Hale,
Lord Justice of the Kings Bench, in the 17th century that rape is an
accusation easily to be made and hard to be proved, and harder to be
defended by the party accused, tho never so innocent. This most
explicitly reflects the attitude or myth that women lie and make false
reports. These instructions have in fact been abolished already but the
belief is perpetuated by the fear that men will be wrongly condemned
and victimized by womens false charges.
As for the second principle, why must the testimony of the
complainant, but not the accused, be scrutinized with extreme
caution? This also reflects the myth and stereotype about woman as
the lying temptress. And in Western culture, Spenser shows this can
be traced back to the story of Adam and Eve in Genesis (55). With
more reason is this attitude entrenched in Catholic Philippines.
Speaking
of
rape
myths,
especially
those
entrenched
in
Rape
involves
the
loss
of
womans
most
prized
1991.
The
credibility
of
the
complainant
is
significantly
IV.
CONCLUSION
Rape is an egregious violation of human dignity.
At its most
beyond the actual physical trauma. It is an attack on a persons selfesteem, autonomy, integrity, security, and even his or her humanity.
Although effects of rape are not limited to women, they are
disproportionately targeted. Violence against women in the form of
rape is not a new phenomenon.
The Congress of the Philippines, passed RA 8353, The Anti-Rape
Law of 1997. In 1998, the twin law, RA 8505, the Rape Assistance and
Protection Act, was also enacted. Although the women did not get all
the provisions that they wanted, they considered the passage of the
law a victory because a major policy change had occurred in the way
the state viewed rape.
In finality, a change in the existing mindset on rape, the
government, as the duty bearer in protecting womens rights can do
many things including the amendment of the Anti-Rape Law to
whereby the recommendations of the researchers be included such as
the use of electronic gadgets during the act of rape as one of its subprovisions, the issue of lack of consent, to ensure that proof of
resistance of any form will not be required of the complainants and the
revival of corporal punishment as one of the laws penalty.
V.
or moral
ascendancy;
is
deprived
of
reason
or
is
otherwise
unconscious;
not
strong
(http://www.doj.gov.ph,
enough
Philippine
to
serve
as
Government
deterrent.
Makes
Global
researchers
also
recommends
for
the
allocation
of
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