Anti-Rape Law RA 8353

A Presentation by Atty. Andrea L. Si

Chair, Provincial Council for Women

INTRODUCTION
Rape as an act of violence
Reasons of its commission
The truth behind rape

5,493

GMA Reports:

Number of rape incidents involving women and child victims in

2013 alone, according to the PNP Women & Children Protection
Center (PNP-WCPC). Thats approximately one reported rape
incident every 96 minutes..

7,409
Actual number of rape incidents in 2013, if data tallied by the
PNP Directorate for Investigation & Detective Management
(PNP-DIDM) are included.

Sunstar
Records from the PNP Directorate for
Investigation and Detective Management
(DIDM) indicate that rape increased from 5,069
in 2013 to 8,288 in 2014.

75.5%
Percentage of reported child rape cases since
1999, the remaining 24.5 percent being women. 3
out of every 4 rape incidents reported to the PNPWCPC involved child victims.

R
A
P
E

Rape has always been a gravely

intolerable act in our society.
Amended on September
30,1997.
Punishable by Reclusion
Temporal to Reclusion Perpetua
Effects of pardon

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.

Rape as a Crime Against Persons

Sec. 2. - 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.

RAPE - WHEN AND HOW COMMITTED

1) Carnal Knowledge of a Woman (Perpetrator Male, victim
female, PENIS MUST PENETRATE VAGINA)
2) Sexual Assault Perpetrator and victim may be any sex and
may be of the same sex. A female may be the perpetrator
and the victim male.

RAPE - WHEN AND HOW COMMITTED

CARNAL KNOWLEDGE
"1) By a man who shall have carnal knowledge of a woman
under any of the ff 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.

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

DEATH PENALTY:
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be death.

DEATH PENALTY Because 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;

DEATH PENALTY Because of the following

aggravating/qualifying circumstances:
"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;

DEATH PENALTY Because of the following

aggravating/qualifying circumstances:
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

SEXUAL ASSAULT (2ND type of Rape)

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.

Penalties for Sexual Assault

Prision mayor (6 years and 1 day to 10 years,
no probation)

Aggravating Circumstances for Sexual

Assault
When committed with the use of a deadly weapon or by two or
more persons, the penalty shall be prision mayor (6 years and 1
day to 10 years) to reclusion temporal (10 years & 1 Day to 17
Years & 4 months)
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.

Aggravating for Sexual Assault

When by reason or on the occasion of the 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.

Effect of Pardon
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.

Presumptions
Article 266-D. 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 (Rape with
Carnal Knowledge and Rape by Sexual Assault)

What to do if someone is raped?

Advise the victim to seek the help of a counsel or a therapist who
is an expert in handling cases of sexual abuse.
Assist her in securing a safe and temporary shelter if she needs
to move for security reasons. She can be referred to a crisis
center or any government agency that offers temporary shelter.
Make sure that evidence is safe and intact. This would help in
case the victim decides to file a case.
Secure a medico-legal certificate from a medico legal officer.
Absence of bodily injuries does not mean that rape did not occur
or that the case may not be pursued anymore.

What to do if someone is raped?

Support the victim along the way when she decides to file a case.
Ensure that she is prepared in all aspects. Make her understand
the overall picture of the case. Inform her that it is possible that
doctors, police, lawyers and judges would not be sensitive to her
situation and experience.
Help the victim choose the lawyer who understands her most.
Coordinate with people who can assist or support her all
throughout.

True or False
A VICTIM SHOULD BE
DISCOURAGED FROM
DWELLING ON THE
RAPE. SHE SHOULD
"FORGET IT".

ALL VICTIMS SHOULD BE

OFFERED THE OPPORTUNITY TO
TALK ABOUT THE ASSAULT WITH
THOSE PERSONALLY CLOSE TO
THEM & KNOWLEDGEABLE
PROFESSIONALS. VICTIMS WHO
ARE NOT ALLOWED TO TALK
ABOUT THE RAPE HAVE A MUCH
MORE DIFFICULT TIME
RECOVERING FORM IT.

True or False
WOMEN OFTEN MAKE
FALSE REPORTS OF
RAPE.

In the US, FBI CRIME

STATISTICS show that LESS
THAN 2 PERCENT OF THE
REPORTED RAPE CASES
ARE FOUND TO BE FALSE.

 ONLY "BAD"
WOMEN GET
RAPED.

BABIES, YOUNG CHILDREN,

LOLAS, RELIGIOUS SISTERS,
TEACHERS, STUDENTS,
ORDINARY WOMEN ARE ALL
VULNERABLE TO RAPE.

 RAPE ONLY
OCCURS
OUTSIDE AND AT
NIGHT.

RAPE CAN AND DOES

OCCUR ANYTIME AND
ANYPLACE. MANY
RAPES OCCUR DURING
THE DAY AND IN THE
VICTIMS' HOMES.

 RAPE AND
SEXUAL
ASSAULT
USUALLY
OCCURS
BETWEEN
STRANGERS.

BY SOME ESTIMATES,
OVER 70% OF RAPE
VICTIMS KNOW THEIR
ATTACKERS. THE
RAPIST MAY BE A
RELATIVE, FRIEND,
CLASSMATE, COWORKER, DATE OR
OTHER
ACQUAINTANCE.

 NO WOMAN OR
MAN CAN BE
RAPED AGAINST
HER OR HIS
WILL. ANY
PERSON COULD
PREVENT RAPE
IF HE OR SHE
REALLY WANTED
TO.

THE OFTEN INVOLVE THE USE OF

A WEAPON, PHYSICAL FORCE
AND/OR THREATS OF FORCE.
WOMEN ARE OFTEN PHYSICALLY
WEAKER THAN MEN AND ARE
NOT TAUGHT TO DEFEND
THEMSELVES OR TO BE
PHYSICALLY AGGRESSIVE.

 ONLY
YOUNG,
PRETTY
WOMEN ARE
ASSAULTED.

WOMEN, AND MEN, OF

ALL AGES HAVE BEEN
VICTIMS OF RAPE
RANGING FROM.
INFANCY TO OLD AGE,
AND APPEARANCE IS
SELDOM A
CONSIDERATION.

 WOMEN
ENCOURAG
E RAPE BY
THE WAY
THEY
DRESS.

DRESS IS A RESULT
OF CULTURALLY
PRODUCED STYLE.
ANY CLOTHING
STYLE SEEMS TO
BE DEFINED AS
PROVOCATIVE.

 RAPE AND
SEXUAL
ASSAULT
USUALLY
OCCURS
BETWEEN
STRANGERS.

BY SOME ESTIMATES,
OVER 70% OF RAPE
VICTIMS KNOW THEIR
ATTACKERS. THE
RAPIST MAY BE A
RELATIVE, FRIEND,
CO-WORKER, DATE OR
OTHER
ACQUAINTANCE.

 RAPE IS SEX.

RAPE IS EXPERIENCED BY THE

VICTIMS AS AN ACT OF
VIOLENCE.
SEXUAL ATTRACTION MAY BE
INFLUENTIAL, BUT POWER,
CONTROL AND ANGER ARE THE
PRIMARY MOTIVES. MOST
RAPISTS HAVE ACCESS TO A
SEXUAL PARTNER.

 RAPE IS A CRIME
OF PASSION.
THE
PERPETRATOR
CANNOT
CONTROL
HIMSELF.

RAPE IS AN ACT OF
VIOLENCE, NOT
PASSION. IT IS AN
ATTEMPT TO HURT
AND HUMILIATE, USING
SEX AS THE WEAPON.