MEDICO-LEGAL ASPECT OF SEXUAL CRIMES

SEX CRIMES
Crimes that are triggered by emotion (LUST)
Offenders usually have lost control over their own emotions causing them to perpetrate such acts.

Sexual Deviant Behaviors

defined as any individuals exhibiting sexual behaviors that do not conform with the standard norms of
society or culture.

➢ SATYRISM
o A sexual deviation in males consists of an excessive or insatiable desire for gratification. The
terms “excessive” and “insatiable” are difficult to define since there are wide variations in the
intensity and frequency of the sex urge among normal people.
➢ NYPHOMANIA
o extreme or uncontrollable longing for carnal arousal and satisfaction in a female. The term is
frequently utilized loosely to imply a high degree of sexuality in a female, showing negative
social outlooks toward women’s sexuality and men’s anxiety of not being able to meet the
carnal needs of the females.
➢ SADISM
o where sexual excitement is only achieved by inflicting pain on another person. It can be so
violent it results in major injury and death..
➢ MASOCHISM
o involves acts in which a person experiences sexual excitement from being humiliated, beaten,
bound, or otherwise abused.
➢ SADOMASOCHISM
o Sexual practice wherein one partner takes on a sadistic role, while the other submits or takes
on the masochist role. Combination of sadistic and masochistic elements in one person,
distinguished by both aggressive and submissive periods in relationships with others, often
with the derivation of sexual pleasure in both roles.
➢ SADOMASOCHISM
o Sexual practice wherein one partner takes on a sadistic role, while the other submits or takes
on the masochist role. Combination of sadistic and masochistic elements in one person,
distinguished by both aggressive and submissive periods in relationships with others, often
with the derivation of sexual pleasure in both roles.
➢ VOYEURISM
o Voyeurism involves becoming sexually aroused by watching an unsuspecting person who is
disrobing, naked, or engaged in sexual activity. The voyeuristic disorder involves acting on
voyeuristic urges or fantasies or being distressed by or unable to function because of those
urges and fantasies.
➢ NECROMANIA
o a morbid preoccupation with corpses, usually including the sexual desire for dead bodies, and
a morbid interest in funerals, morgues, autopsies, and cemeteries..
➢ FETISM / FETISH
o a form of sexual desire in which gratification is linked to an abnormal degree to a particular
object, item of clothing, part of the body, etc.
➢ PEDOPHILIA
 o is defined as a persistent sexual interest in prepubescent children as evidenced by an adult's
sexual fantasies, urges, and goal-directed sexual ...

➢ SEXUAL FANTASY
➢ SYMBOLISM
➢ BESTIALITY

MEDICO-LEGAL ASPECT OF SEX CRIMES

VIRGINITY
➢ Is a condition of the female who has not experienced sexual intercourse.
➢ Genitals have not been altered by carnal connection

KINDS OF VIRGINITY
1. MORAL VIRGINITY -state of not knowing the nature of sexual life not having experienced sexual
relations. Applies to children below the age if puberty
2. PHYSICAL VIRGINITY – a condition whereby a woman is conscious of the nature of sexual life but has
not yet experienced sexual intercourse:
a. TRUE PHYSICAL VIRGINITY – wherein the HYMEN IS INTACT with edges distinct and regular,
the opening is small barely admits the tip of the smallest finger of the examiner
b. FALSE PHYSICAL VIRGINITY – a condition wherein the hymen is unruptured, but the orifice
is wide and elastic to admit two or more fingers of the examiners with a lesser degree of
resistance, the hymen is relaxed and distensible.
3. DEMI-VIRGINITY – is a condition of a woman who permits any form of sexual liberties as long
as they abstain from rupturing the hymen by the sexual act,
4. VIRGO INTACTA – the term refers to a truly virgin woman, that there are no structural changes
in her organ to infer previous sexual intercourse and that she is a virtuous woman.

DEFLORATION – Laceration or rupture of the hymen because of sexual intercourse

CARNAL KNOWLEDGE – sexual bodily connection with a woman
VAGINAL PENETRATION – usually the insertion of the penis into the vagina. The mere introduction of which
is considered penetration.

Republic Act 8353: The 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 THE PURPOSES”

Section 1. Short Title. – This Act shall be known as “The Anti-Rape Law of 1997.”

Sec. 2. 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. Penalty. – 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 become
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 ofthe 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:

l) 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 the Human Immuno-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 ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.

Reclusion temporal shall 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 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.

Sec. 3. Separability Clause. – If any part, Sec., or provision of this Act is declared invalid or unconstitutional,
the other parts thereof not affected thereby shall remain valid.

Sec. 4. Repealing Clause. – Article 336 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.

Sec. 5. Effectivity. – This Act shall take effect fifteen (15) days after completion of its publication in two (2)
newspapers of general circulation.

Approved: September 30, 1997

Rape is governed by Article 335 of the Revised Penal Code (RPC), which was amended on 22 October 1997
by Republic Act No. 8353, also known as the “Anti-Rape Law of 1997“. Among the innovations under R.A.
8353 are the following:

1. Marital rape is impliedly recognized. Rape committed against the wife, also known as “marital rape”, is
impliedly acknowledged under the new law, which provides that the subsequent forgiveness by the wife as the
offended party, in case it’s the husband who is the offender, shall extinguish the criminal action or the penalty.
(Article 266-C)
2. Reclassification of rape as a crime against persons. – The new law reclassified rape from crime against
chastity to a crime against persons, which means that prosecution is commenced in court by the filing of an
information by the public prosecutor, and no longer by a mere complaint filed by the offended party, parents,
godparents or guardian.

3. Fourth mode of committing rape. – Prior to 1997, rape is considered committed by having carnal knowledge
of a woman: (1) by using force or intimidation; (2) when the woman is deprived of reason or otherwise
unconscious; or (3) when the woman is under twelve years of age or is demented. The new law added a
fourth mode of committing rape on a woman by fraudulent machination or grave abuse of authority.

4. Rape may now be committed against men, not only against women. Rape is committed by “any person who
xxx 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.”
5. Rape now includes acts other than penile penetration of the vaginal orifice. The provision quoted above
means that, among other things, a woman may now be charged of raping another woman.

6. On statutory rape. – The new law provides that statutory rape may be committed even though none of the
three other modes are present. RA 8353 provides that rape is committed 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.
7. Kind of resistance and proof. Any physical overt act manifesting resistance against the rape in any degree
from the victim is admissible as evidence of lack of consent. Tenacious resistance, however, is not required.
Neither is a determined and persistent physical struggle on the part of the victim necessary. In drafting the
new law, the legislators agreed that Article 266-D is intended to “soften the jurisprudence of the 1970” when
resistance to rape was required to be tenacious. The lawmakers took note of the fact that rape victims cannot
mount a physical struggle in cases where they were gripped by overpowering fear or subjugated by moral
authority. Article 266-D tempered the case law requirement of physical struggle by the victim with the victim’s
fear of the rapist or incapacity to give valid consent. Thus, the law now provides that resistance may be proved
by any physical overt act in any degree from the offended party (People vs. Dulay).

8. Marriage extinguishes criminal liability. The new law also expressly provides (Article 266-C) that the
subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or
the penalty imposed. However, this does not apply if the marriage is void ab initio or from the beginning.

Incidentally, the Anti-Rape Law of 1997 should be considered with R.A. 8505 (the “Rape Victim Assistance
and Protection Act of 1998“), which provides for a rape shield. It simply means that in rape, evidence of the
complainant’s past sexual conduct, opinion thereof, or of his/her reputation shall not be admitted unless, and
only to the extent that the court finds, such evidence is material and relevant to the case. (Sec. 6)

Republic Act 8505: Rape Victim Assistance and Protection Act of 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.

Section 1. Title.— This Act shall be known as the “Rape Victim Assistance and Protection Act of 1998.“

Sec. 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.
Sec. 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;
(f) Developing and undertaking a training program for law enforcement officers, public prosecutors, lawyers,
medico-legal officers, social workers, and barangay officials on human rights and responsibilities; gender
sensitivity and legal management of rape cases; and
(g) Adopting and implementing programs for the recovery of rape victims.

The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis Center.

Sec. 4. Duty of the Police Officer.— Upon receipt by the police of the complaint for rape, 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; otherwise,
the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
(c) Immediately make a report on the action taken.

It shall be the duty of the police officer or the examining physician, who must be of the same gender as the
offended party, 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.

For this purpose, 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. In the same manner,
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.

Sec. 5. Protective measures.— At any stage of the investigation, prosecution and trial of a complaint for rape,
the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint shall
recognize the right to privacy of the offended party and the accused. Towards this end, the police officer,
prosecutor, or the court to whom the complaint has been referred may, whenever necessary to ensure fair and
impartial proceedings, and after considering all circumstances for the best interest of the parties, order a closed-
door investigation, prosecution or trial and that the name and personal circumstances of the offended party
and/or the accused, or any other information tending to establish their identities, and such circumstances or
information on the complaint shall not be disclosed to the public.

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.
Sec. 6. Rape shield.— In prosecutions for rape, evidence of complainant’s past sexual conduct, opinion thereof
or of his/her reputation shall not be admitted unless, and only to the extent that the court finds, that such
evidence is material and relevant to the case.

Sec. 7. Appropriations.— For the establishment and operation of the rape crisis centers during the first year
of implementation of this Act, the amount of One hundred twenty million pesos (P120,000,000.00) shall be
charged against the Organizational Adjustment Fund, as follows: Sixty million pesos (P60,000,000.00) for
the DSWD; and Twenty million pesos (P20,000,000.00) each for the DOH, DILG, and DOJ, respectively.
Thereafter, 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.

Sec. 8. Implementing rules and regulations. — Within ninety (90) days upon the approval of this Act, all
concerned agencies shall formulate rules and regulations as may be necessary for the proper implementation
thereof.

Sec. 9. Separability clause.— If any part, Sec. or provision of this Act is declared invalid or unconstitutional,
the other parts thereof not affected thereby shall remain valid.

Sec. 10. Repealing clause.— 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.

Sec. 11. Effectivity.— This Act shall take effect fifteen (15) days after completion of its publication in at least
two (2) newspapers of general circulation.

Approved: February 13, 1998

REPUBLIC ACT NO. 11648, March 04, 2022 ]

AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST RAPE AND SEXUAL EXPLOITATION AND
ABUSE, INCREASING THE AGE FOR DETERMINING THE COMMISSION OF STATUTORY RAPE, AMENDING
FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL CODE,"
REPUBLIC ACT NO. 8353, ALSO KNOWN AS "THE ANTI-RAPE LAW OF 1997," AND REPUBLIC ACT NO.
7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE,
EXPLOITATION AND DISCRIMINATION ACT"

Be enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Article 266-A (1)(d) of Act No. 3815, otherwise known as "The Revised Penal Code," as amended
by Republic Act No. 8353 known as "The Anti-Rape Law of 1997," is hereby further amended to read as
follows:

"Article 266-A. Rape; When and How Committed. - Rape is committed:

"1) By a person who shall have carnal knowledge of another person under any of the following circumstances:

"x x x"

d) When the offended party is under sixteen (16) years of age or is demented, even though none of the
circumstances mentioned above be present: Provided, That there shall be no criminal liability on the part of a
person having carnal knowledge of another person sixteen (16) years of age when the age difference between
the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-
abusive, and non-exploitative: Provided, further, That if the victim is under thirteen (13) years of age, this
exception shall not apply.

"As used in this Act, non-abusive shall mean the absence of undue influence, intimidation, fraudulent
machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with
intention or through neglect, during the conduct of sexual activities with the child victim.ℒαwρhi৷ On the other
hand, non-exploitative shall mean there is no actual or attempted act or acts of unfairly taking advantage of
the child's position of vulnerability, differential power, or trust during the conduct of sexual activities."

Section 2. Articles 337 and 338 of Act No. 3815, otherwise known as "The Revised Penal Code" are hereby
amended to read as follows:

"Article 337. Qualified seduction. - The seduction of a minor, sixteen and over but under eighteen years of age,
committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person
who, in any capacity, shall be entrusted with the education or custody of the minor seduced, shall be punished
by prision correccional in its minimum and medium periods.

"The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over eighteen years of age.

"Under the provisions of this Chapter, seduction is committed when the offender have carnal knowledge of any
of the persons and under the circumstances described therein."

"Article 338. Simple seduction. - The seduction of a minor, sixteen and over but under eighteen years of age,
committed by means of deceit, shall be punished by arresto mayor."

Section 3. Sections 5(b), 7, 9, and 10(b) of Republic Act No. 7610, otherwise known as the Special
Protection of Children Against Abuse, Exploitation and Discrimination Act are hereby amended to read as
follows:

"Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money,
profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge
in sexual intercourse or lascivious conduct., are deemed to be children exploited in prostitution and other sexual
abuse

."x x x

"(a) x x x
"(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution
or subjected to other sexual abuse: Provided, That when the victim is under sixteen (16) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 2, for rape and Article 336 of Act No. 3815,
as amended, otherwise known as "The Revised Penal Code", for rape, or lascivious conduct, as the case may
be: Provided, That the penalty for lascivious conduct when the victim is under sixteen (16) years of age shall
be reclusion perpetua in its medium period; and

x x x."

"Section 7. Child Trafficking. - Any person who shall engage in trading and dealing with children including, but
not limited to, the act of buying and selling of a child for money, or for any consideration, or barter, shall suffer
the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period
when the victim is under sixteen (16) years of age.

x x x."

"Section 9. Obscene Publications and Indecent Shows. - Any person who shall hire, employ, use, persuade,
induce, or coerce a child to perform in, obscene exhibitions and indecent shows, whether live of in video, or
model in obscene publications or pornographic materials, or to sell or distribute the said materials shall suffer
the penalty of prision mayor in its medium period.

"If the child used as a performer, subject, or seller/distributor is under eighteen (18) years of age, the penalty
shall be imposed in its maximum period.

x x x"

"Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Development. -

"(a) x x x

"(b) Any person who shall keep or have in his company a minor sixteen (16) years of age or under or who is
ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor, beach, and/or other tourist or similar places shall suffer the penalty
of prision mayor in its maximum period and a fine of not less that Fifty thousand pesos (P50,000.00):
Provided, That this provision shall not apply to any person who is related within fourth degree of consanguinity
or affinity or any blood recognized by law, local custom and tradition or acts in the performance of a social,
moral or legal duty.

x x x."

Section 4. Public and private institutions engaged in the education, training, and care of children shall ensure
that their curriculum for continuing staff development included plans and learning sessions on the scope of
their duties and responsibilities in identifying, responding to and reporting rape and other sexual offenses.

The Department of Education shall include in the basic education curriculum and teach age-appropriate subject
concerning the rights and protection of the children in relation to this Act.
Section 5. If any provision of this Act is held invalid or unconstitutional, the remainder of the Act or the provision
not otherwise affected shall remain in full force and effect.

Section 6. All laws, decrees, orders, ordinances, rules and regulations or parts thereof which are inconsistent
with the provisions of this Act are hereby amended, modified or repealed accordingly.

Section 7. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a
newspaper of general circulation in the Philippines.

Approved,

(SGD.) LORD ALLAN JAY Q. VELASCO

Speaker of the House of Representatives (SGD.) VICENTE C. SOTTO III
President of the Senate
This Act which is a consolidation of Senate Bill No. 2332 and House Bill No. 7836 was passed by the Senate
of the Philippines and the House of Representatives on December 15, 2021 and December 14, 2021,
respectively.

(SGD.) MARK LLANDRO L. MENDOZA

Secretary General House of Representatives (SGD.) MYRA MARIE D. VILLARICA
Secretary of the Senate
Approved: MAR 04 2022

(SGD.) RODRIGO ROA DUTERTE

President of the Philippines