R. A Anti-Rape Law

Situationer:  The Philippines ranks 7th among the countries with high prevalence of rape cases according to the 2011 International Statistics on Crime and Justice conducted by the European Institute for Crime Prevention and Control, ranks.  The Philippine National Police (PNP) records show that reported rape cases ranked third and accounted for about 9.6% of total reported violence against women (VAW) cases from 2004 to 2012 [2].  The PNP-WCPU statistics for 2012 revealed that the most recorded victims of sexual abuse are children between the ages of years old with 1,147 cases.  The National Objectives for Health Survey of the DOH (2000) shows that 295,448 teenagers between the ages of years experienced sexual abuse, 61, 518 of these were forced sex/rape and only 0.1% are reported to the authorities [3].

Current Realities: Statistics on the incidence of rape are usually based on available police records which are often inaccurate and not a true representation of the problem due to the cultural and social stigma associated with rape. Fear of retaliation, lack of confidence in the justice system, ignorance of proper reporting procedures and inability to withstand the rigors of severe examination and public trial are the other hindering factors i8n the reporting of rape cases and the victims seeking justice. Furthermore, women are more likely not to report the rape if there is little support from their families, law enforcement agencies and the health sector.

Current Realities: The Philippines is still a conservative society where a woman’s chastity is a virtue. The same mindset which, oftentimes, blames the rape victim and labels her as flirt (malandi) or dirty woman (maruming babae)

R. A Anti-Rape Law of 1997 Expanded the definition of rape, reclassified it as a crime against persons and amended for such purpose Act No. 3815

How rape is committed? 1.By a man who shall have a carnal knowledge of a woman under any of the ff circumstances:  Through force, threat or intimidation;  When the offended party is deprived of reason or otherwise unconscious;  By means of fraudulent machinations or grave abuse of authority;  When the offended party is under twelve (12) years old or is demented, even though none of the circumstances mentioned above present. 2.By any person who under any of the circumstances mentioned above, shall commit an actual sexual assault by inserting his penis into another’s person’s mouth or anal orifice of another person, or any instrument or object into the genital or anal orifice of another person.

When is rape punishable by death? ( Pursuant to RA 9346 prohibiting the imposition of the death penalty, the penalty of reclusion perpetua without eligibility for parole shall be imposed, in lieu of death.) When by reason or on occasion of the rape, a homicide is committed. When the victim is under 18 yrs old and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. When the rape is committed in full view of the husband, parent, any of the children or other relatives within the third civil degree of consanguinity.

When is rape punishable by death? 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. When the victim is a child below seven (7) years old. When the offender knows that he is afflicted with HIV AIDS or any other sexually transmissible disease and the virus or disease is transmitted to the victim. When by reason or on the occasion of the rape, the victim has suffered permanent mutilation or disability. When the offender knew the pregnancy of the offended party at the time of the commission of the crime.

When is rape punishable by death? 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. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution. When committed by any member of the Armed Forces of the Philippines or paramilitary units of 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.

Policy Implementation  The NBI, PNP and DSWD maintain Help Desks to assist victims of violence against women and to encourage the reporting of crimes.  Section 12 of the MCW IRR and JMC No provides for the establishment of VAW Desk in every barangay (responsible agencies/institutions: PCW, DILG, DSWD, DOH, and DepEd, All Barangays, Provincial Governors, City and Municipal Mayors)

Policy Implementation  R.A. 8505: Rape Victim Assistance and Protection Act of 1998 RA 8505 provides assistance and protection for rape victims, establishing for the purpose of rape crisis center in every province and city, authorizing the appropriation of funds for the establishment and operation of the rape crisis center. National agencies like the DSWD, DOH, DILG and DOJ shall establish in every province and city a rape crisis center located in a government hospital or health clinic or in any other suitable place for the purpose.

Policy Enhancements/Amendments  Removal of the Pardon clause: Article 266: Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed. "In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.

Policy Enhancements/Amendments  The issue surrounding consent in the crime of rape must also go to the question on whether the victim has the capability to consent. Our present law implicitly sets the rightful age of consent to sex at 12 years old while official data show that majority of victims of rape are under the ages of years old. Increasing such age of consent to at least 16 years of age will generally provide greater protection against abuses to girls and minors.

Policy Enhancements/Amendments  House Bill 6170, or An Act Amending Chapter 3 of Republic Act 8353, also known as the Anti-Rape Law of 1997 (GABRIELA Women’s Party List) These include the redefining of the term rape, the enumeration of circumstances where there is a presumption of lack of consent, the inclusion of cases where there are non-penile penetration, the repeal of 266-C and 266-D, and the specification of aggravating circumstances such as recording the act of rape with the use of electronic gadgets as well as its dissemination.

Karen Vertido vs. Philippines CEDAW Committee Optional Protocol to CEDAW

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