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Republic of the Philippines Philippine Commission on Women

Faqs ra 8353: an act expanding the definition of the crime of rape and reclassifying the same as crime against persons.

Republic Act 8353: An Act Expanding the Definition of the Crime of Rape and Reclassifying the same as Crime Against Persons

Frequently Asked Questions

The Anti-Rape Law of 1997 redefines rape as:

• A crime against persons

Rape violates a person’s well being and not just ones virginity or purity.

The law considers that any person, whether a prostituted person, non-virgin or one who has an active sexual life may be victimized by rape.

• A public offense

By declaring that rape is 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.

The prosecution continues even if the victim drops the case or pardons the offender.

What constitutes rape?

Rape is committed:

By a man who shall have sexual intercourse with a woman under any of the following circumstances:

• 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 twelve (12) years of age or is demented, even if none of the above circumstances are present.

By any person who, under any of the above circumstances, commits 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 oral orifice of another person.

Who can be raped?

Anyone can be a rape victim, but the incidence of rape is more rampant in women and girls.

Who can commit rape?

Any man or woman may be held liable for rape.

It is possible that a man may rape his own wife, an act deemed as “marital rape.” The penalty for rape in general may apply on the offender who commits marital rape.

How is the crime punished?

The penalty varies depending on the act itself and the circumstances surrounding it.

• Reclusion Perpetua ( Imprisonment from 20 to 40 years ) is imposed on the offender if rape is committed through sexual intercourse.
• Prision Mayor ( Imprisonment from 6 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.

What to do if someone is raped?

• Advise the victim to seek the help of a counselor 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 to another place for security reasons. She can be referred to a crisis center or any government agency that offers temporary shelter.
• Make sure that the evidence is safe and intact. This would help should 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.
• 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.

References:

1. The Anti-Rape Law of 1997 and Rape Victim Assistance and Protection Act of 1998, NCRFW. 2.  Ang Batas Laban sa Panggagahasa, Isang Praymer,  WLB in cooperation with NCRFW and UNFPA, 1998.

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R. A Anti-Rape Law. Situationer:  The Philippines ranks 7th among the countries with high prevalence of rape cases according to the 2011 International.

Published by Luke Shepherd Modified over 7 years ago

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Short Title. —

This Act shall be known as "The Anti-Rape Law of 1997."

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. Penalties. — 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 be 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 of the 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 Human Immune-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 of the rape, homicide is committed, the penalty shall be reclusion perpetua. "Reclusion temporal shall also 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 offender and 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."

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.

Repealing Clause. —

Article 335 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.

Effectivity. —

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

Republic Act No. 7610

Nov 06, 2014

17.82k likes | 38.95k Views

Republic Act No. 7610. “ Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”.

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• armed conflict
• normal development
• child abuse
• injured child resulting
• rehabilitate children gravely threatened

Presentation Transcript

Republic Act No. 7610 “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”

The State shall intervene on behalf of the Child when the parent, guardian, teacher or person having care or custody of the child, or fails or unable to protect the child against abuse, exploitation and discrimination.

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development.

The best interests of the child shall be paramount consideration

TERMS DEFINED: • 1.CHILDREN Persons below eighteen (18) years of age; Or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or conditions; (Section 3 (a), R.A. 7610)

2.CHILD ABUSE Refers to maltreatment, whether habitual or not of the child which includes any of the following; 1.Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;  2.Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

3.Unreasonable deprivation of his basic needs for survival, such as food and shelter, or • 4.Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death;

3.CRUELTY • Discipline administered by a parent or legal guardian to a child does not constitute cruelty provided it is reasonable in manner and moderate in degree and does not constitute physical or psychological injury as defined herein;

4.PHYSICAL INJURY • Includes but is not limited to lacerations, fractured bones, burns, internal injuries

5.PSYCHOLOGICAL INJURY • Means harm to a child’s psychological or intellectual/functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior or a combination of said behavior, • May be demonstrated by a change in behavior, emotional response or cognition;

6.NEGLECT • Means failure to provide, for reasons other than poverty, adequate food, clothing, shelter, basic education or medical care (to seriously endanger the physical, mental, social and emotional growth and development of the child);

7.SEXUAL ABUSE • Includes the employment, use, persuasion, inducement, enticement or coercion of a child to engage in, or assist another person to engage in, sexual intercourse or lascivious conduct or the molestation, prostitution or incest with children;

8.LASCIVIOUS CONDUCT Intentional touching with malice or lust, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks or any part of the body .

9.EXPLOITATION Hiring, employment, persuasion, inducement or coercion of a child to perform in obscene exhibition and indecent shows, whether live or in video or film, or to pose or act as a model in obscene publication or pornographic materials, or to sell or distribute said materials; * Hiring and employment for purposes of prostitution now punishable under R.A. 9208 (Anti-Trafficking in Persons Act of 2003)

CHILDREN IN INDIGENOUS CULTURAL COMMUNITIES • Refers to a native community whose members are bound by a common ethnic origin, language, culture or religion or beliefs and whose existence as a distinct community with its own particular characteristics; • Entitled to protection, survival and development consistent with the customs and traditions of their respective communities.

CHILDREN IN SITUATIONS OF ARMED CONFLICT Armed Conflict- refers to any conflict between government forces and organized groups which involves the actual use of armed force, which disrupts normal, social, economic, political and cultural activities in a specific geographical area.

Children as Zones of Peace • Children shall not be recruited as combatants or used as guides, couriers or spies.

Children shall be given special respect. They shall not be the object of attacks. • Facilitate reunion of families temporarily separated due to armed conflict • Rights of children taken into custody by government forces in an armed conflict area    -notify parents or guardian immediately

The delivery of basic social services such as education, primary health care and emergency relief shall be kept unhampered and the safety and protection of service providers ensured; • Children centers such as schools and health clinics shall not be used for military purposes such as command posts, barracks, detachments and supply depots.

Children arrested for reasons related to armed conflict are entitled to: • Immediate free legal assistance • Immediate notice of such arrest to the parents or legal guardians • Release to the custody of the DSWD within 24 hours • The barangay chairman shall immediately submit to the municipal social welfare and development office the names of children affected by war in their community.

LABOR RELATED OFFENSES COMMITTED AGAINST CHILDREN, AS AMENDED BY R.A. 7658, FURTHER AMENDED BY R.A. 9231 • General Rule: Children below fifteen (15) years of age shall not be employed. • Exceptions: When a child works directly under the sole responsibility of his parents and legal guardian and where only members of the employer’s family are employed

Employment must not endanger life, safety, nor impairs normal development. • Parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education.

When a child’s employment or participation in public entertainment or information through cinema, theater, radio or television is essential; • Employment contract is included by the child’s parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the DOLE.

Strict compliance in the following requirements: • Employer shall ensure the protection, health, safety, morals and normal development of the child • Employer shall institute measures to prevent the child’s exploitation or discrimination taking into account the system and level of re-numeration and the duration and arrangement of the working time. • Employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the child

OTHER ACTS OF ABUSE May be committed by: • Any parent who commits any other acts of child abuse, such as: • a.Conceals or abandons the child with intent to make such child lose his civil status. • b.Abandons the child under such circumstances as to deprive him of the love, care and protection he needs.

c.Neglects the child by not giving him the education which the family’s situation in life and financial conditions permit. • d.Fails or refuses, without justifiable ground, to enroll the child as required by Article 72.

e.Causes, abates or permits the truancy of the child from the school where he is enrolled. “Truancy” as herein used means absence without cause for more than twenty school days, not necessarily consecutive. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these exceed five (5) school days. • f.Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts which are inimical to his interest and welfare.

g.Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignations and other excessive chastisement that embarrass or humiliate him. • h.Causes or encourages the child to lead an immoral or dissolute life • i.Permits the child to posses, handle or carry a deadly weapon, regardless of its ownership.

“Parents” as herein used shall include the guardian and the head of the institution or foster home which has custody of the child. • j.Allows or requires the child to drive without a license or with license which the parent knows to have been illegally procured. If the motor vehicle driven by the child belongs to the parent, it shall be presumed that he permitted or ordered the child to drive.

I. Any person who shall keep or have in his company a minor, twelve (12) years or under or who is ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, disco, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places. • Exception: Person related within the fourth degree of consanguinity or affinity or any bond recognized by law, local customs and tradition or acts in the performance of a social, moral or legal duty.

II. Any person who shall induce or deliver or offer a minor to anyone prohibited under R.A. 7610. • III. Any person, owner, manager or one trusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink, or otherwise, including residential places, who allows any person to take along with him such place or places any minor herein described.

IV. Any person who shall use, coerce, force or intimidate a street child or any other child to: • a.beg or use begging as a means of living; • b.act as conduit or middleman in drug trafficking or pushing; • c.conduct any illegal activities.

Who May File A Complaint? • Parents or Guardians • Ascendant or collateral relative within 3rd degree of consanguinity • Officer, social worker or representative of a licensed child-caring institution • Officer or social worker of the DSWD • Offended Party • Barangay Chairman, or • Three (3) concerned, responsible citizens where the offense was committed

Duty to Report • Teachers and administrators in public schools • Probation Officers • Government lawyers • Barangay officials • Correction officers and other government officials and employees whose work involves dealing with children

Mandatory Reporting (IRR) • Attending physician and nurse • Head of public or private hospital, medical clinic and similar institution *failure to report: fine > P2,000.00

Other Features: • Protective Custody of the Child (DSWD will be free from any administrative, civil or criminal liability) • Confidentiality -Protection of victim from undue publicity (IRR) -Unauthorized disclosure of records: Fine>P2,400.00 or imprisonment— >1 yr or both

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