CRIME OF RAPE

ARTICLE 266-A TO D OF THE REVISED PENAL CODE

AS AMENDED BY REPUBLIC ACT NO. 8353
(“THE ANTI RAPE LAW OF 1997”)
 CRIME OF RAPE
Before the amendment After the amendment in 1997
Article 266-A to D of the Revised
Article 335 of the RPC Penal Code, as amended by Republic
Act No. 8353 (1997)
Sexual Intercourse Sexual Intercourse or Sexual Assault
Crime against chastity Crime against person
Woman Man or Woman
 RAPE THROUGH
SEXUAL INTERCOURSE

• ELEMENTS:
1.That the offender is a man;
2.That the offender had carnal knowledge of a woman; and
3.That the act is accomplished under any of the following circumstances:
(a) By using force and intimidation;
(b) When the offended person is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or
(d) When the offended party is under 12 years of age or demented.
 CARNAL KNOWLEDGE

✦ Sexual act/ Sexual intercourse

✦ Slightest penetration of the
labia of the female victim's
genitalia consummates the
crime of rape
 CARNAL KNOWLEDGE

✦ Mere entry of the labia or lips of the female organ without rupture of
the hymen or laceration of the vagina, is sufficient to warrant
conviction for consummated rape. (People v. Oscar, 48 Phil. 527,
529)
✦ Proof of emission/ejaculation is not necessary
RAPE THROUGH SEXUAL ASSAULT
ELEMENTS:
1. That the offender commits an act of sexual assault;
2. That the act of sexual assault is committed by any of the following means:
(a) By inserting his penis into another person's mouth or anal orifice; or
(b) By inserting 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:
(a) By using force and intimidation;
(b) When the offended person is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or
(d) When the offended party is under 12 years of age or demented.
RAPE THROUGH SEXUAL ASSAULT
2 WAYS OF COMMITTING RAPE THROUGH SEXUAL ASSAULT:

By inserting his penis into another By inserting any instrument or object

person's mouth or anal orifice into the genital or anal orifice of
another person

Male Male or Female

Male or Female Male or Female
Penis Any instrument or object
Mouth or Anal orifice Genital or Anal orifice
 CIRCUMSTANCES UNDER WHICH
RAPE IS COMMITTED
• FORCE

• THREAT/INTIMIDATION

• DEPRIVE OF REASON

• UNCONSCIOUS

• FRAUDULENT MACHINATION

• GRAVE ABUSE OF AUTHORITY

• UNDER 12 YEARS OF AGE

• DEMENTED
 SWEETHEART DEFENSE

• Offender must prove:

• The accused and the victim were lovers

• The victim consented the alleged sexual relations

• Being sweethearts does not negate the commission of rape

 FILING A CASE
1. Ask for assistance with a police officer
or a lawyer
2. File a Complaint to the City or
Provincial Prosecutor
3. Prosecutor will conduct a Preliminary
Investigation
4. Filing of information to the Regional
Trial Court (RTC)
5. Trial
 PENALTY
• Rape through sexual intercourse-
Reclusion Perpetua (20 years and
1 day to 40 years of imprisonment)

• Rape through sexual assault-

Reclusion Temporal (12 years and
1 day to 20 years of imprisonment)

• Civil liabilities: Damages