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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;

Upon receipt by the police of the complaint for rape. . medico-legal officers. 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. and after considering all circumstances for the best interest of the parties. 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. In the same manner. gender sensitivity and legal management of rape cases. evidence of complainant's past sexual conduct. the prosecutor. (b) Arrange for counselling and medical services for the offended party. the rules of court shall apply.In prosecutions for rape. and only to the extent that the court finds. the police officer. and barangay officials on human rights and responsibilities. . that such evidence is material and relevant to the case. who must be of the same gender as the offended party. 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. or any other information tending to establish their identities. otherwise. Duty of the Police Officer. prosecutor. Protective Measures. . the court and its officers. . Rape Shield. opinion thereof or of his/her reputation shall not be admitted unless.At any stage of the investigation. and such circumstances or information on the complaint shall not be disclosed to the public. For this purpose. as well as the parties to the complaint shall recognize the right to privacy of the offended party and the accused. whenever necessary to ensure fair and impartial proceedings. Section 6. prosecution and trial of a complaint for rape. order a closed-door investigation. It shall be the duty of the police officer or the examining physician. Section 5. and alf-1aw phi1 (g) Adopting and implementing programs for the recovery of rape victims. social workers. to ensure that only persons expressly authorized by the offended party shall be allowed inside the room where the investigation or medical or physical examination is being conducted. prosecution or trial and that the name and personal circumstances of the offended party and/or the accused. the police officer. 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. public prosecutors. The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis Center. lawyers. Towards this end. or the court to whom the complaint has been referred may. Section 4.(f) Developing and undertaking a training program for law enforcement officers. and (c) Immediately make a report on the action taken.

. often consisting of unwanted intercourse accomplished by means of force or fear. Of course. rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended. Thereafter. Implementing Rules and Regulations.All laws. respectively. Repealing Clause. the amount of One hundred twenty million pesos (P120.00) for the DSWD. rape generally also consists of sexual intercourse occurring under these conditions:  the rapist prevents a victim from resisting by plying the victim with alcohol or drugs   the rapist poses as a public official and threatens to arrest or deport the victim unless the victim agrees to sexual intercourse. . Section 8. For example. as follows: Sixty million pesos (P60. First degree rape carries a harsher punishment than second degree rape.000. section or provision of this Act is declared invalid or unconstitutional. The most typical form of rape is forcible rape. the fact that the parties are married is irrelevant. first degree rape may consist of rape accompanied by severe physical injuries. the other parts thereof not affected thereby shall remain valid.000.000. Legal Definition of Rape For purposes of rape laws. .This Act shall take effect fifteen (15) days after completion of its publication in at least two (2) newspapers of general circulation.000.called statutory rape -. Approved: February 13. DILG. presidential decrees.disregards consent issues and makes it unlawful to have sex with a minor under the age of 18. Section 11. sexual intercourse occurs at the moment of sexual penetration. the fact that the alleged rapist is her husband may make it more difficult for a wife to convince the police or a judge or jury that rape rather than consensual intercourse took place. and Twenty million pesos (P20. .000. In most states. acts. if sexual intercourse is nonconsensual within the meaning of the rape laws. .00) shall be charged against the Organizational Adjustment Fund. which may involve no physical injuries beyond the rape itself. 1998 lawphi1™ Rape is nonconsensual sexual intercourse.000. Appropriations.Within ninety (90) days upon the approval of this Act. Section 10.00) each for the DOH. all concerned agencies shall formulate rules and regulations as may be necessary for the proper implementation thereof. and DOJ.Section 7. executive orders. rape can also occur in a number of other ways.For the establishment and operation of the rape crisis centers during the first year of implementation of this Act. Separability Clause. Effectivity. modified or repealed accordingly. administrative orders. Section 9. however. .If any part. One variation of rape -. in which a rapist uses violence or threats of violence to coerce a victim into sexual intercourse. In most states. or the rapist knows that the victim has a disorder or disability that prevents the victim from legally consenting to sexual intercourse. however slight. Rape between married partners. 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. Degrees of rape. In some states. This article defines the crime of rape and presents real world examples of criminal cases involving rape.

females have been convicted of rape when they have been the accomplices of males and have lured a victim to a place where a rapist awaits. and threatens to use it unless Belinda agrees to sexual intercourse. After dinner. it is a misdemeanor. Belinda pleads with Stan to leave. "Stranger Rape" vs. statutory rape is a felony only if one of the participants (usually a male) is at least three years older than the other. Amanda may have a valid civil claim against Fred and the company for workplace sexual harassment. In a few instances. evidence rules tended to discourage rape victims from reporting the crime. a date rapist may prevent a woman from refusing to have sexual intercourse by drugging her drink while they are out on a date. (Learn more in Nolo's article Fighting Sexual Harassment. two dramatic shifts in rape evidence laws favorable to rape victims have taken place. not consensual. For example. Second. Statutory rape laws are strict liability laws that make a minor legally incapable of consenting to sexual intercourse. The minor's outward consent to intercourse is irrelevant. otherwise. Fred suggests that "we go back to my office and enjoy ourselves. Rape: Case Example 1 Facts: Belinda is sleeping when Stan breaks into her apartment. Fearing both that Fred may hurt her and that her career may suffer if she doesn't go along. pulls out a knife. In many states. Verdict: Stan is guilty of rape. Amanda agrees to go back to the office and engages in sexual intercourse with Fred. Since then. When a defendant is charged with rape or another sexual offense. Belinda's request that Stan use a condom is not evidence of consent. the general rule forbidding inquiry into defendants' past crimes has been abandoned in sexual offense cases. largely as the result of political pressure from women's rights groups and their allies.) Rape Evidence Rules -. Date rape occurs when the rapist and the rape victim have an existing social relationship and the rapist strikes in the course of that relationship. The assumption behind statutory rape laws is that someone under the age of 16 or even 18 does not have the mature mental capacity to voluntarily consent to intercourse. but rather an effort to suffer as little future harm as possible. but he refuses and begins to strike her. For example. rape shield laws often prevent defendants from inquiring into rape victims' sexual histories.Female offenders. "Date Rape" "Stranger rape" occurs when a rape victim is attacked by a previously unknown person. "At least use protection.Dramatic Changes Until the mid-1970s. in most states. The sexual intercourse was forcible. defined in most states as someone who is under age 18 or 16 (depending on the state) at the time intercourse takes place. Fred neither used force nor threatened harm to Amanda. an assailant who violently drags a passerby into a secluded spot and rapes her commits a stranger rape. While both are equally illegal. First. the ambiguities that are inherent in many social situations make date rape a far more difficult crime to prove than stranger rape." Amanda has heard that Fred has been violent in the past. Of course. the prosecution can offer evidence of the defendant's past sexual offenses. . Verdict: Fred is not guilty of raping Amanda." Stan uses the condom while having sexual intercourse with Belinda. Her subjective fear based on what she has heard about Fred doesn't invalidate her consent. Statutory Rape Statutory rape consists of sexual intercourse with a minor. Date rape is far more common than stranger rape. Eventually Belinda gives Stan a condom and says. Rape: Case Example 2 Facts: Amanda goes out to dinner with her boss Fred.

Of course. .A minor can be guilty of statutory rape of another minor. Even when they are. In other states. statutory rape is often a misdemeanor rather than a felony. only males can be prosecuted for statutory rape. in many states each could be prosecuted for statutory rape. laws in many states make concessions to the frequency of sexual intercourse among minors in modern society. such cases are rarely prosecuted. If two 16-year-olds engage in sexual intercourse. So long as one minor is not more than three years older than the other minor.