Law on Rape or Sexual Assault & Related Cases

by Alfred Alexander L. Marasigan

Flipzi's Cove
January 14, 2013

The law that governs this cases is the Republic Act 3815 or THE REVISED PENAL CODE but a
new law Expanding the Definition of Rape was enacted in 1997. This new law was called as the
Republic Act Number 8353 or the ANTI-RAPE LAW OF 1997.

Furthermore, the Anti-Rape Law of 1997 is complemented by R.A. 8505, also known as the
RAPE VICTIM ASSISTANCE AND PROTECTION ACT 1998.

It is an ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS,

ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND
CITY, AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER
PURPOSES.

Please read the two succeeding posts to understand this subject better.

But first, we need to touch the earlier law on this to understand it all better;

Republic Act No. 3815 - The Revised Penal Code

Chapter Two
RAPE AND ACTS OF LASCIVIOUSNESS

Article 335. When and how rape is committed. - 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

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).
Article 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.

Chapter Three
SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

Article 337. Qualified seduction. - The seduction of a virgin over twelve years and under
eighteen years of age, committed by any person in public authority, priest, home-servant,
domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the
education or custody of the woman seduced, shall be punished by prision correccional in its
minimum and medium periods.

The penalty next higher in degree shall be imposed upon any person who shall seduce his
sister or descendant, whether or not she be a virgin or over eighteen years of age.

Under the provisions of this Chapter, seduction is committed when the offender has carnal
knowledge of any of the persons and under the circumstances described herein.

Article 338. Simple seduction. - The seduction of a woman who is single or a widow of good
reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be
punished by arresto mayor.

Article 339. Acts of lasciviousness with the consent of the offended party. - The penalty of
arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the
same persons and the same circumstances as those provided in Articles 337 and 338.

Article 340. Corruption of minors. - Any person who shall promote or facilitate the prostitution
or corruption of persons underage to satisfy the lust of another, shall be punished by prision
mayor, and if the culprit is a pubic officer or employee, including those in government-owned or
controlled corporations, he shall also suffer the penalty of temporary absolute disqualification.
(As amended by Batas Pambansa Blg. 92).

Article 341. White slave trade. - The penalty of prision mayor in its medium and maximum
period shall be imposed upon any person who, in any manner, or under any pretext, shall
engage in the business or shall profit by prostitution or shall enlist the services of any other for
the purpose of prostitution (As amended by Batas Pambansa Blg. 186.)

ROBBERY WITH RAPE

(Republic Act No. 3815 - The Revised Penal Code)

Section One. - Robbery with violence or intimidation of persons.

Article 294. Robbery with violence against or intimidation of persons; Penalties. - Any person
guilty of robbery with the use of violence against or intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery,
the crime of homicide shall have been committed.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the
robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on
occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article 263
shall have been inflicted; Provided, however, that when the robbery accompanied with rape is
committed with a use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death (As amended by PD No. 767).

PIRACY WITH RAPE

(Republic Act No. 3815 - The Revised Penal Code)

Section Three. - Piracy and mutiny on the high seas or in Philippine waters

Article 123. Qualified piracy. - The penalty of reclusion temporal to death shall be imposed upon
those who commit any of the crimes referred to in the preceding article, under any of the
following circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the same;

2. Whenever the pirates have abandoned their victims without means of saving themselves; or

3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.

Chapter Four
ABDUCTION

Article 342. Forcible abduction. - The abduction of any woman against her will and with lewd
designs shall be punished by reclusion temporal.

The same penalty shall be imposed in every case, if the female abducted be under twelve years
of age.

Article 343. Consented abduction. - The abduction of a virgin over twelve years and under
eighteen years of age, carried out with her consent and with lewd designs, shall be punished by
the penalty of prision correccional in its minimum and medium periods.

Chapter Five
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN

Article 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction,

rape and acts of lasciviousness. - The crimes of adultery and concubinage shall not be
prosecuted except upon a complaint filed by the offended spouse.

The offended party cannot institute criminal prosecution without including both the guilty parties,
if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders.

The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted
except upon a complaint filed by the offended party or her parents, grandparents, or guardian,
nor, in any case, if the offender has been expressly pardoned by the above named persons, as
the case may be.

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender
with the offended party shall extinguish the criminal action or remit the penalty already imposed
upon him. The provisions of this paragraph shall also be applicable to the co-principals,
accomplices and accessories after the fact of the above-mentioned crimes.

Article 345. Civil liability of persons guilty of crimes against chastity. - Person guilty of
rape, seduction or abduction, shall also be sentenced:

1. To indemnify the offended woman.

2. To acknowledge the offspring, unless the law should prevent him from so doing.

3. In every case to support the offspring.

The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be
sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages
caused to the offended spouse.

Article 346. Liability of ascendants, guardians, teachers, or other persons entrusted with
the custody of the offended party. - The ascendants, guardians, curators, teachers and any
person who, by abuse of authority or confidential relationships, shall cooperate as accomplices
in the perpetration of the crimes embraced in chapters, second, third and fourth, of this title,
shall be punished as principals.

Teachers or other persons in any other capacity entrusted with the education and guidance of
youth, shall also suffer the penalty of temporary special disqualification in its maximum period to
perpetual special disqualification.

Any person falling within the terms of this article, and any other person guilty of corruption of
minors for the benefit of another, shall be punished by special disqualification from filling the
office of guardian.

MARITAL RAPE OR SEXUAL ABUSE INVOLVING COUPLES WITH SEXUAL OR DATING

RELATIONSHIPS

Republic Act No. 9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING

FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and
Their Children Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of
women and children and guarantees full respect for human rights. The State also recognizes
the need to protect the family and its members particularly women and children, from violence
and threats to their personal safety and security.
SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is
not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or
her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or
forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife
and mistress/lover to live in the conjugal home or sleep together in the sameROOM with the
abuser;

b.) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;

c.) Prostituting the woman or child.

For the complete information on this particular law, please follow this
link, http://z6.invisionfree.com/flipzi/index.php?showtopic=211

For crimes involving photos or videos wth sexual content or nude photos, please follow
this link,http://z6.invisionfree.com/flipzi/index.php?showtopic=210

The current law on rape as of November 2013 is this;

ANTI-RAPE LAW of 1997, Republic Act no. 8353

http://z6.invisionfree.com/flipzi/index.php?showtopic=601

Related articles;

LAW ON SEXUAL HARASSMENT

http://z6.invisionfree.com/flipzi/index.php?showtopic=234

LAW ON POSTING NUDE MATERIALS VIA ONLINE

http://z6.invisionfree.com/flipzi/index.php?showtopic=210

LAW ON CHILD PROTECTION

- child abuse, sexual abuse, exploitation, discrimination
http://z6.invisionfree.com/flipzi/index.php?showtopic=227

LAW ON CHILD PORNOGRAPHY

http://z6.invisionfree.com/flipzi/index.php?showtopic=230

LAW ON VIOLENCE AGAINST WOMEN AND CHILDREN

For Children and Wives maltreated by the father or woman's boyfriend or sexual partner,
by any means including, physical abuse, sexual abuse, economic/financial abuse and
emotional abuse
http://z6.invisionfree.com/flipzi/index.php?showtopic=211

MAGNA CARTA OF WOMEN - R.A. 9710

http://z6.invisionfree.com/flipzi/index.php?showtopic=212

AVOIDING RAPISTS
http://z6.invisionfree.com/flipzi/index.php?showtopic=114

SECURING YOUR OWN HOME

http://z6.invisionfree.com/flipzi/index.php?showtopic=112

How To Escape From Criminals Who Have Already Broken In

http://z6.invisionfree.com/flipzi/index.php?showtopic=113

Defensive Weapons for Civilians

http://z6.invisionfree.com/flipzi/index.php?showtopic=121

Martial Arts Self-Defense Techniques

http://z6.invisionfree.com/flipzi/index.php?showforum=16

What the Law Says On Citizen's Arrest

http://z6.invisionfree.com/flipzi/index.php?showtopic=202

What the Law Says On Self-Defense

http://z6.invisionfree.com/flipzi/index.php?showtopic=203

The Anti-Rape Law of 1997

REPUBLIC ACT NO. 8353

AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE

SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER
PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Short Title. - This Act shall be known as "The Anti-Rape Law of 1997."

Sec. 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as
a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as
the Revised Penal Code. Accordingly, there shall be incorporated into Title Eight of the same
Code a new chapter to be known as Chapter Three on Rape, to read as follows:

"Chapter Three
"Rape
"Article 266-A. Rape: When And How Committed. - Rape is committed:

"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 machination or grave abuse of authority; and

"d) When the offended party is under twelve (12) years of age or is demented, even though
none of the circumstances mentioned above be present.
"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis into another person's mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person.

"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be
punished by reclusion perpetua.

"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.

"When by reason or on the occasion of the rape, the victim has become insane, the penalty
shall become reclusion perpetua to death.

"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.

"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:

"l) 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 para-military
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.

"Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.

"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.

"When by reason or on the occasion of the rape, the victim has become insane, the penalty
shall be reclusion temporal.

"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.

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

"Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/
qualifying circumstances mentioned in this article.

"Article 266-C. 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.

"Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of
rape in any degree from the offended party, or where the offended party is so situated as to
render her/him incapable of giving valid consent, may be accepted as evidence in the
prosecution of the acts punished under Article 266-A."

Sec. 3. Separability Clause. - If any part, Sec., or provision of this Act is declared invalid or
unconstitutional, the other parts thereof not affected thereby shall remain valid.

Sec. 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws, acts,
presidential decrees, executive orders, administrative orders, rules and regulations inconsistent
with or contrary to the provisions of this Act are deemed amended, modified or repealed
accordingly.

Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication
in two (2) newspapers of general circulation.

Approved: September 30, 1997.

Rape Victim Assistance and Protection Act of 1998

Republic of the Philippines

Congress of the Philippines
Metro Manila

Tenth Congress

Republic Act No. 8505 February 13, 1998

AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS,

ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND
CITY, AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled::

Section 1. Title. - This Act shall be known as the "Rape Victim Assistance and Protection Act of
1998."

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to provide
necessary assistance and protection for rape victims. Towards this end, the government shall
coordinate its various agencies and non-government organizations to work hand in hand for the
establishment and operation of a rape crisis center in every province and city that shall assist
and protect rape victims in the litigation of their cases and their recovery.

Section 3. Rape Crisis Center. - 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 non-government 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 a government hospital or health clinic or in
any other suitable place for the purpose of:

(a) Providing rape victims with psychological counselling, medical and health services, including
their medico-legal examination;

(b.) Securing free legal assistance or service, when necessary, for rape victims;

(c.) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of
cases in court;

(d) Ensuring the privacy and safety of rape victims;

(e) Providing psychological counselling and medical services whenever necessary for the family
of rape victims;

(f) Developing and undertaking a training program for law enforcement officers, public
prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human
rights and responsibilities; gender sensitivity and legal management of rape cases; andalf-
1awphi1

(g) Adopting and implementing programs for the recovery of rape victims.

The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis
Center.

Section 4. Duty of the Police Officer. - Upon receipt by the police of the complaint for rape, it
shall be the duty of the police officer to:

(a) Immediately refer the case to the prosecutor for inquest/investigation if the accused is
detained; otherwise, the rules of court shall apply;

(b.) Arrange for counselling and medical services for the offended party; and

(c.) Immediately make a report on the action taken.

It shall be the duty of the police officer or the examining physician, who must be of the same
gender as the offended party, to ensure that only persons expressly authorized by the offended
party shall be allowed inside theROOM where the investigation or medical or physical
examination is being conducted.

For this purpose, a women's desk must be established in every police precinct throughout the
country to provide a police woman to conduct investigation of complaints of women rape
victims. In the same manner, the preliminary investigation proper or inquest of women rape
victims must be assigned to female prosecutor or prosecutors after the police shall have
endorsed all the pertinent papers thereof to the same office.

Section 5. Protective Measures. - At any stage of the investigation, prosecution and trial of a
complaint for rape, the police officer, the prosecutor, the court and its officers, as well as the
parties to the complaint shall recognize the right to privacy of the offended party and the
accused. Towards this end, the police officer, prosecutor, or the court to whom the complaint
has been referred may, whenever necessary to ensure fair and impartial proceedings, and after
considering all circumstances for the best interest of the parties, order a closed-door
investigation, prosecution or trial and that the name and personal circumstances of the offended
party and/or the accused, or any other information tending to establish their identities, and such
circumstances or information on the complaint shall not be disclosed to the public.

The investigating officer or prosecutor shall inform the parties that the proceedings can be
conducted in a language or dialect known or familiar to them.

Section 6. Rape Shield. - In prosecutions for rape, evidence of complainant's past sexual
conduct, opinion thereof or of his/her reputation shall not be admitted unless, and only to the
extent that the court finds, that such evidence is material and relevant to the case.

Section 7. Appropriations. - For the establishment and operation of the rape crisis centers
during the first year of implementation of this Act, the amount of One hundred twenty million
pesos (P120,000,000.00) shall be charged against the Organizational Adjustment Fund, as
follows: Sixty million pesos (P60,000,000.00) for the DSWD; and Twenty million pesos
(P20,000,000.00) each for the DOH, DILG, and DOJ, respectively. Thereafter, the necessary
amount for the rape crisis centers shall be included in the budgetary allocations for the agencies
concerned in the annual General Appropriations Act.

Section 8. Implementing Rules and Regulations. - Within ninety (90) days upon the approval
of this Act, all concerned agencies shall formulate rules and regulations as may be necessary
for the proper implementation thereof.

Section 9. Separability Clause. - If any part, section or provision of this Act is declared invalid
or unconstitutional, the other parts thereof not affected thereby shall remain valid.

Section 10. Repealing Clause. - All laws, acts, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to the provisions of this
Act are deemed amended, modified or repealed accordingly.

Section 11. Effectivity. - This Act shall take effect fifteen (15) days after completion of its
publication in at least two (2) newspapers of general circulation.

Approved: February 13, 1998