You are on page 1of 38

Republic Act 8353

C r i m i n a l L a w 2

Anti-Rape Law of 1997


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.

Rabelais F. Medina

Background information on RA 8353


Former Senator Raul Roco
primary author
various womens groups named him an Honorary Woman

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Background information on RA 8353


Amendment to the RPC
Before: Book II, Chapter Two, Article 335-Rape
After: Book II, Chapter Three, Article 266A - Rape

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Old Anti-Rape Law vs. RA 8353


Old An'-Rape Law

RA 8353

Crime against chas:ty

Crime against persons

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Old Anti-Rape Law vs. RA 8353

only

Old An'-Rape Law

RA 8353

Crime against chas:ty

Crime against persons

May be commi?ed by a
man against a woman

Under the 2nd type, sexual assault


may be commi?ed by ANY PERSON
against ANY PERSON

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Old Anti-Rape Law vs. RA 8353


Old An'-Rape Law

RA 8353

Crime against chas:ty

Crime against persons

May be commi?ed by a
man against a woman

Under the 2nd type, sexual assault


may be commi?ed by ANY PERSON
against ANY PERSON

PRIVATE CRIME
Complaint must be led
by the woman or her parents,
grandparents or guardian if the
woman was a minor or
incapacitated

May be prosecuted even


if the woman does not
le a complaint

only

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Old Anti-Rape Law vs. RA 8353


Old An'-Rape Law

RA 8353

Marriage of the vic:m w/


one of the oenders
benets not only the
principal but also the
accomplices and
accessories

Marriage ex:nguishes the penal


ac:on only as to the principal (the
person who married the
vic:m), and cannot be extended to
co-principals in case of MULTIPLE
RAPE

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Old Anti-Rape Law vs. RA 8353


Old An'-Rape Law

RA 8353

Marriage of the vic:m w/


one of the oenders
benets not only the
principal but also the
accomplices and
accessories

Marriage ex:nguishes the penal


ac:on only as to the principal (the
person who married the
vic:m), and cannot be extended to
co-principals in case of MULTIPLE
RAPE

No Marital Rape

Recogni:on of Marital Rape

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

2 Modes

FIRST. Rape through sexual intercourse w/o


consent of the woman

Elements:
1. Oender is a MAN
2. Oender had CARNAL KNOWLEDGE of a woman
3. Such act is accomplished under ANY of the following
circumstances:
By using FORCE, THREAT or INTIMIDATION
When the woman is DEPRIVED OF REASON or is otherwise
UNCONSCIOUS
By means of FRAUDULENT MACHINATION or grave abuse of
authority
When the woman is UNDER 12 years of age (Statutory Rape)
or is DEMENTED.

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

SECOND. Rape Through Sexual Assault


Elements:
1. Oender commits an ACT OF SEXUAL ASSAULT;
2. The act of sexual assault is commi?ed by any of the following means:
By inser:ng his PENIS into another persons MOUTH OR ANAL
ORIFICE or
By inser:ng any INSTRUMENT or object into the GENITAL OR ANAL
ORIFICE of another person
3. The act of sexual assault is accomplished under any of the following
circumstances:
By using FORCE or INTIMIDATION; or
When the woman is DEPRIVED OF REASON or otherwise
UNCONSCIOUS; or
By means of FRAUDULENT MACHINATION or GRAVE ABUSE OF
AUTHORITY; or
When the woman is under
12 YEARS of age or DEMENTED.
R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

SECOND. Rape Through Sexual Assault


Elements:
1. Oender commits an ACT OF SEXUAL ASSAULT;
2. The act of sexual assault is commi?ed by any of the following means:
By inser:ng his PENIS into another persons MOUTH OR ANAL
ORIFICE or
By inser:ng any INSTRUMENT or object into the GENITAL OR ANAL
ORIFICE of another person
3. The act of sexual assault is accomplished under any of the following
circumstances:
By using FORCE or INTIMIDATION; or
When the woman is DEPRIVED OF REASON or otherwise
UNCONSCIOUS; or
By means of FRAUDULENT MACHINATION or GRAVE ABUSE OF
AUTHORITY; or
When the woman is under
12 YEARS of age or DEMENTED.
R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Traditional Rape v Sexual Assault


In General

Tradi'onal Rape

Sexual Assault

Reclusion Perpetua

Prision Mayor

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Traditional Rape v Sexual Assault


Commi?ed:
1. with the use of a
DEADLY WEAPON; or
2. by 2 or more persons

Tradi'onal Rape

Sexual Assault

Reclusion
Perpetua to
Death*

Prision mayor to
Reclusion Temporal

*RA346 eliminated death penalty

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Traditional Rape v Sexual Assault


Vic:m BECOMES INSANE by
reason or on the
occasion of rape

Tradi'onal
Rape

Sexual Assault

Reclusion
Perpetua to
Death*

Reclusion Temporal

*RA346 eliminated death penalty

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Traditional Rape v Sexual Assault


Rape is ATTEMPTED &
HOMICIDE is commi?ed by
reason or on the occasion
thereof

Tradi'onal
Rape

Sexual Assault

Reclusion
Perpetua to
Death*

Reclusion Temporal to
Reclusion Perpetua

*RA346 eliminated death penalty

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Traditional Rape v Sexual Assault


Rape is CONSUMMATED &
HOMICIDE is commi?ed by
reason or on the occasion
thereof (a special complex
crime)

Tradi'onal
Rape

Sexual Assault

Death*

Reclusion Perpetua

*RA346 eliminated death penalty therefore the penalty is Reclusion Perpetua

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Aggravating/Qualifying Circumstances
Reclusion Perpetua shall be imposed if any of the aggravating or
qualifying circumstances are committed with rape:
VICTIM

is UNDER 18 yrs. old, & the OFFENDER IS A PARENT, ascendant, step-parent,


guardian, rela:ve by consanguinity or anity w/in the 3rd civil degree, or the
common law spouse of the parent of the vic:m
is UNDER THE CUSTODY of the police / military authori:es / law enforcement
agency
is a RELIGIOUS and such legi:mate voca:on is known by the oender before or
at the :me of rape
is a child BELOW 7 YRS. OLD
suered permanent or physical MUTILATION or DISABILITY by reason or on the
occasion of rape

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Aggravating/Qualifying Circumstances
Reclusion Perpetua shall be imposed if any of the aggravating or
qualifying circumstances are committed with rape:
OFFENDER

is aicted with a SEXUALLY TRANSMISSIBLE DISEASE & the virus / disease is


transmi?ed to the vic:m
is a member of the AFP / PNP /any law enforcement agency / penal ins:tu:on,
& TOOK ADVANTAGE of his posi:on
KNEW OF THE PREGNANCY of the oended party at the :me of the commission
of rape
KNEW OF THE MENTAL DISABILITY, emo:onal disorder, & / or physical
handicap of the oended party at the :me of the commission of rape

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Aggravating/Qualifying Circumstances
Reclusion Perpetual shall be imposed if any of the aggravating or
qualifying circumstances are committed with rape:
Third Persons

Rape is commi?ed IN FULL VIEW of the of the spouse, parent, any of the
children, or other rela:ves w/in the 3rd civil degree of consanguinity

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Effects of Pardon

Subsequent valid MARRIAGE between the


oender and the oended party shall EXTINGUISH
THE CRIMINAL ac:on or the PENALTY imposed.

When the legal husband is the oender, the


subsequent FORGIVENESS by the wife as the
oended party shall EXTINGUISH the CRIMINAL
ACTION OR THE PENALTY, provided that their
marriage is NOT VOID ab ini:o

2
R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Presumptions

Evidence which may be accepted in the


prosecu:on of rape

Any physical OVERT ACT MANIFESTING RESISTANCE


against the act of rape in any degree from the
oended party;

Where the oended party is so situated as to


render him/her INCAPABLE OF GIVING HIS/HER
CONSENT

2
R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

NOTES
R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Complete
penetra'on
is NOT
necessary.

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

There is NO
crime of
FRUSTRATED
RAPE

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Convic'on does not


require a medico-
legal nding of
any penetra'on on
the part of the
woman.

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

The penetra'on
or touching that
determines the
consumma'on of
the sexual act

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

A slight brush of
scrape of the penis
on the external
layer of the vagina is
not rape

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Rape must
have specic
intent or
lewd design

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Statutory Rape is
the rape of a
woman who is
below
12 years of age.
Vic'ms consent is
immaterial.

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Precise 'me or date


of the commission
of rape need not be
alleged.
Carnal knowledge is
the gravamen

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Physical resistance need


not be established when
in'mida'on is exercised
upon the vic'm who
submits against her will
to the rapists lust

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Force, violence or
in'mida'on in rape is a
rela've term depending

not only on:

age, size and strength of par'es.


But also on:

Their rela'onship with each other

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Marital Rape:
Landmark Case

People v Jumawan, G.R. No. 187495, April 2014


Ponente: Jus'ce Reyes
Edgar Jumawan was convicted of 2 counts of
rape under Ar'cle 266-A of RPC for forcing his
wife to copulate.

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

Rape by a Minor:

Minority doesnt ex:nguish


civil liability

R A 8 3 5 3
M e d i n a | C r i m i n a l L a w 2

references

Revised Penal Code


L. Reyes, The Revised Penal Code, Criminal Law Book Two
UP Bar Reviewer BOC Criminal Law
h?p://pcw.gov.ph/wpla/rape
h?p://www.gmanetwork.com/news/htmles/nowandthen.htm