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PSYCHOLOGICAL THEORIES

BEHIND RAPE
Borromeo, Gamboa, Mercado, Vitug

OUTLINE

Rape as a crime against


chastity (Act No. 3815)

Psychological theories behind


rape

Rape as a crime against


persons (RA 8353)

Possible amendments to RA
8353

RAPE AS A CRIME AGAINST CHASTITY

Act No. 3815: The Anti-Rape


Law of 1997

Honor as the main issue, not


consent

No category of by means of
fraudulent machination or grave
abuse of authority as to how it
is committed

No paragraph on sexual assault

PSYCHOLOGICAL THEORIES
BEHIND RAPE

BIOLOGICAL THEORY

Rape as an evolutionary tool


for a man to increase his
reproductive success by
circumventing the choice of
the woman (i.e. bearing his
child or not)

Rape as something biologically


entrenched within the psyche
of the male subconscious

Largely discredited, but still


cited as a justification by those
with traditional mindsets

Case: People v. Ceballos

COMMODIFICATION THEORY

Men have been acculturated to view sex as a commodity

Rape as a crime against property; akin to taking an object

Rape is solely about sex and the visceral pleasure it provides

Case: People v. Jumawan

DEVELOPMENTAL THEORY

Rape as a product of nurture, not


nature, brought about by an
insecure learning phase during a
childs developmental period

Child is taught to understand


that fear and violence are
acceptable means of achieving his
desires

Case: People v. Silvano

RAPE AS A GENDER-BASED HATE CRIME

Males feel superior to women and therefore feel entitled to sex,


which is a result of an imbalance of sexual dynamics in society

During the sexual act, men usually use sexually derogatory


terms such as bitch, slut, whore and the like to solidify
the feeling of superiority

Can be seen in our own justice system:

all rape cases known or available have only women as


victims

men can only be raped under the sexual assault definition

big dierence in punishment for rape (reclusion perpetua as


lowest) and sexual assault (prision mayor as lowest)

CONTROL THEORY

Rape not as a matter of sex, but an attempt to control a


person physically and emotionally

The feeling of having control is what arouses the man

This broadens the scope of what rape can be, and envisions
men as potential rape victims as well

Case: People v. Siao

RAPE AS A CRIME AGAINST PERSONS

Chastity: implies that rape can


only occur if the woman is
chaste or virtuous

Women who are no longer


virgins should still be able to
decline sexual advances, and can
therefore still be raped

Rape aects the entirety of the


self: not merely physical harm,
but also emotional and
psychological harm

#YesMeansYes

POSSIBLE CHANGES TO RA 8353

Equalize the punishment for


rapes committed against men

Re-categorize or reconceptualize crimes against


chastity