MODULE 1

CHAPTER I- GENERAL CONCEPTS AND PRINCIPLES OF SPECIAL CRIME INVESTIGATION

WITH LEGAL MEDICINE

INTRODUCTION:

Crime scene often generates tracing evidence that leads to the apprehension of dangerous criminals.
Perhaps, just as often though potentially valuable evidence is destroyed or rendered useless by careless behavior and
handling at the crime scene. Clearly written directives, procedures and training for crime fighters and police
investigators will help law enforcement agencies to resolve this problem. The ultimate responsibility rests with
administrators, police supervisors and detectives to reinforce positive conduct by setting a good example for other
officers to follow.

The scientific examination of physical evidence is widely accepted as a critical element in the effort of law
enforcement agencies to conduct successful criminal investigations and prosecutions. The forensic science field is
an ever-changing discipline holds the key for solving special crimes.

With the introduction of DNA (Deoxyribonucleic Acid), new processing techniques for latent prints,
portable lasers and electrostatic dust print lifters, the training of evidence technicians have become more important
than ever. These scientific advancement and technological breakthroughs have increased the possibility and
likelihood of collecting and analyzing physical evidence that was never possible before.

The problem starts with the collection of physical evidence from the crime scene not by the analysis of the
evidence. The need for specialized units in the processing of all crimes is essential. These specialized units called
crime scene units should be trained and equipped to all forms of crime scenes. The crime scene units would have
the capability to professionally evaluate and collect pertinent physical evidence from the crime scenes.

In the Philippines, the Scene of Crime Operations unit or PNP SOCO was specifically created to address
this problem. Making it easier for police investigators to solve crimes, identify criminals and provide for the
evidence necessary for the prosecution to build a strong case against the accused. (Guevara and Almojuela
Jr.,2010)

Methods of investigation are dictated by the nature of the crime and the procedures permitted by the rules
of law. Most investigation begins with careful, objective observations that are then assembled, collated and matched
against applicable laws. If there is a reason to assume that a crime has indeed been committed, further investigation
is undertaken using more scientific methods and techniques. Technological advances have been incorporated into
criminal investigation as well. For example, analyzing trace clues such as dust, paint, glass and other microscopic
evidence is now possible for the solution of crimes. (Soriano, 2008).

LESSON I. Definition of Special Crime Investigation, Legal Medicine, Forensic Science and Some of
the Cases subject of Specialized Crime Investigation

LESSON 2. The Three (3) Bridges that Shall Not be Crossed, Elements of the Crime of Homicide,
Time of Death Determination and Terms and Definitions in Special Crime Investigation of Homicide

LESSON 1 -DEFINITIONS OF SPECIAL CRIME INVESTIGATION, LEGAL MEDICINE,

FORENSIC SCIENCE AND SOME OF THE CRIMINAL CASES SUBJECT OF SPECIALIZED CRIME
INVESTIGATION

Definition of Special Crime Investigation, Legal Medicine, Forensic Science and Some of the
Criminal Cases subject of Specialized Crime Investigation

Definitions of Special Crime Investigation, Legal Medicine and Forensic Science:

Special Crime Investigation- is a special study of modern techniques in the investigation of serious and
specific crimes, including murder, homicide, rape, abortion, robbery, arson, kidnapping, blackmailing, carnapping
and criminal negligence. Its emphasis is on physical evidence rather than an extra-judicial confession. (Google-
https://www.scribd.com.doc)

Legal Medicine-is the branch of medicine that deals with the application of medical knowledge to legal
problems and legal proceedings. It is also called Forensic Medicine. (Google definition)

Special Crime Investigation with Legal Medicine: (Google-https://www.hau.edu.ph)

 -It focuses with the application of medical science in crime investigation with emphasis on Human
Anatomy and Physiology, the medico-legal aspects of physical injuries, death crimes, abortion, infanticide,
paternity and filiations, impotency, sterility and poisoning.

Forensic Science- also known as Criminalistics, is the application of science to criminal and civil laws,
mainly on the criminal side during criminal investigation, as governed by the legal standards of admissible evidence
and criminal procedure. (Google-Wikipedia)

Forensic Science-simply means the application of scientific methods and processes in solving crimes.
(Google Wikipedia)

Examples of Forensic Sciences Commonly Applied in Special Crime Investigation: (Google

definition)

1. Trace Evidence Analysis- a discipline in forensic science that deals with the minute transfers of
materials that cannot be seen with the unaided eye. Trace evidence may provide a link between the victim
and a suspect, a victim and a scene, or the suspect and a scene. Ex: fibers, hair, soil, wood, gunshot
residue, pollen, etc.

2. Forensic Toxicology-is the use of toxicology and disciplines such as analytical chemistry,
pharmacology and clinical chemistry to aid medical or legal investigation of death, poisoning and drug
use. Ex: Substances or drugs like cocaine, narcotic analgesics (Ex: codeine, methadone.) and stimulants
(Ex: methamphetamine, morphine, MDMA or ecstasy, etc.) included in post-mortem toxicology.

3. Forensic Pathology-is the practice of medicine concerning injury analysis and performance of
autopsies to determine the cause of death. Forensic pathologists perform autopsies to determine what
caused a person’s death. It focuses on determining the cause of death by examining a corpse. A post-
mortem is performed by a medical examiner, usually during the investigation of criminal cases.

4. Fingerprint Analysis-The comparison of fingerprints left at the scene of a crime with those of suspects
to provide evidence of the presence of a particular person at a particular place. It is the application of
Dactyloscopy (the study of fingerprint identification) or the method of studying fingerprints to establish
identification.

5. DNA Analysis- also called DNA typing or DNA profiling, examines DNA found in physical evidence
such as blood, hair and semen to determine whether it can be matched to DNA taken from specific
individuals. DNA analysis has become a common form of evidence in criminal trials.

CASES SUBJECT OF SPECIAL CRIME INVESTIGATION: (Villaluz & Rodriguez, 2014)

1. Homicide- (Generic term which includes murder, parricide, infanticide or death where the suicide is
suspicious)

2. Sex Crimes

3. Robbery (Theft and Carnapping)

4. Arson

5. Swindling of Estafa Cases

6. Bank Frauds

7. Kidnapping

8. Bombing

9. Falsification of Documents

10. Narcotics Control Investigation

11. Narcotics Death Investigation

12. Hit and Run Accident Investigation

 LESSON 2- THREE (3) BRIDGES THAT SHALL NOT BE CROSSED, ELEMENTS OF THE
CRIME OF HOMICIDE, TIME OF DEATH DETERMINATION AND TERMS AND DEFINITIONS IN
SPECIAL CRIME INVESTIGATION OF HOMICIDE

Discussion:

Homicide Investigation: (Villaluz & Rodriguez, 2014)

The Three (3) Bridges in Homicide Investigation which shall not be Crossed:

1. The first bridge is the body has been moved;

2. The second bridge is when the cadaver has been embalmed; and

3. The third bridge is when the dead person is burned or cremated.

Investigating a Crime: (Bermas, 2004)

In investigating a crime, the elements of the crime must be noted in order to determine what crime was
actually committed. Knowing the crime committed is the primary factor to pursue investigation.

HOMICIDE INVESTIGATION (Bermas, 2004)

Homicide is a generic term of a crime involving death of a victim. It may be murder if the killing is
attended by any of the following circumstances:

1. with treachery, taking advantage of superior strength, with the aid of armed men, or employing means to
insure or afford impunity;

2. In consideration of a price, reward or promise;

3. by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment of, or
assault upon a street car, or locomotive, fall of an airship, by means of motor vehicles, or with the use of another
means involving great waste and ruin;

4. on occasion of any of the calamities or misfortunes enumerated above, or of an earthquake, eruption of a

volcano, destructive cyclone, epidemic, or any other calamity;

5. with evident premeditation;

6. with cruelty, by deliberately augmenting inhumanly the suffering of the victim, it outraging or scoffing
at his person or corpse;

If the killing is not attended by one of the circumstances enumerated above, the crime is homicide. If
the victim is a relative like spouse, parents, child whether illegitimate or legitimate, the killing is parricide, and if
the victim is less than three (3) days of age, the crime is infanticide.

The investigator’s first concern are the elements of the crime. After knowing these or memorizing these
by heart, the investigator can begin his investigation. These are thru interview of possible witness, interrogation of
the suspect and by the use of the necessary equipment to process physical evidence discovered from the crime
scene, Remember, that in conducting your investigation, the 5Ws and 1H are answered categorically.

The things to be investigated in homicide are as follows:

1. Weapon used;

2. Motive of the killing;

3. Characteristics of the suspect or murderer/perpetrator; and

4.Characteristics of the victim.

Time of Death Determination (Bermas, 2004)

A determination of the time of death should be attempted in all homicide investigation. This fact is
significant because of its investigative importance in corroborating or disputing alibis or in establishing the
victim’s movements prior to death. Determining the time of death is not an exact science. No method can
precisely establish the time elapsed from the moment of death to the time of examination. However, the period can
be approximately calculated, with such estimates occasionally being accurate to within five (5) hours.
 Five (5) methods are currently used by physicians to determine the time of death:

1. Post-mortem lividity;

2. Rigor mortis;

3. Putrefaction;

4. Cooling rate; and

5. General body indicators

Post-Mortem Lividity- is due to the cessation of cardiac activity and the resultant cessation of the
body’s blood flow. The blood will stop flowing in response to gravity, to the lowest parts of the body, nearest the
ground. Hence, dark blue discolorations appear under the skin in the body’s lower surfaces.

Rigor Mortis- Following death, various chemical changes take place in the muscles of the body resulting
in rigor mortis. Rigor mortis is stiffening process, the rate of which is affected by a variety of factors. Generally,
rigor will be noticed in the muscles of the face and jaw area within two (2) hours of death. The stiffening process
spreads downward through the body to the toes, completing the rigor within twelve (12) hours.

Putrefaction- It is the putrefaction of the body by bacteria, fungi and oxidation. Following death, tissues,
organs and other bodily elements begin to break down at a general rate. The rate of putrefaction is directly affected
by the humidity and the body’s access to oxygen. The decomposition rate or process begins soon after death in
normal environments and will be apparent within forty-eight (48) hours of death. The rate of decomposition can
be extremely rapid in certain environments. Putrefaction is characterized by a general darkening of the skin and
accompanying bloating cause by bacterial gases. The onset and rate of putrefaction are not considered to be accurate
indicators of time of death.

Cooling rate- It is known that normal body temperature is 98.6 degrees Fahrenheit (or 37 degrees
Celsius) and that a deceased body will begin to cool at a certain rate to the temperature of its surroundings. Thus, a
generalized time of death can be calculated if the temperature of the body fat, or who are heavily clothed retain
body heat and cool at a slower rate.

General Changes- The general estimates of time of death can be accomplished by observing the body for
various signs. Clouding of the cornea of the eye, for example, may serve to approximate the passage of time since
death. The outside surface of the eye begins to film over within thirty (30) minutes after death, becoming
completely opaque in six (6) hours.

The general appearance of death can be noted in the muscle and eyes of the victim. The muscle will be
very relaxed (unless rigor has set in) and there will be a loss of flushing in the fingernails. If the nail is pinched, a
change of color because of blood flow will be absent. The eyeball will lack the characteristic tension and will be
flaccid to the touch.

Causes of Death

1. Natural, like illness;

2. Accidental, like ran over by a vehicle on a highway;

3. Suicidal, like hanging self with a rope tied on a tall tree; and

4. Homicidal, like intentional killing of a person.

Gunshot Wounds

The majority of criminal homicides are committed with firearms. Consequently, the investigator will
encounter gunshot wounds quite often in death investigation. A substantial number of accidental deaths and suicides
also involved guns. Gunshot wounds are carefully examined to answer the following questions:

1. Was the wound inflicted before death?

2. Did the death result from the wound? and

3. How far was the victim from the firearm at the time of discharge?

Three (3) general types of firearms are common to death investigations: the rifle, shotgun and
handgun- each will inflict a characteristic wound. Criminal homicide involving rifles are the less frequent;
handguns account for the greatest number of offenses. Rifles and shotguns are more common to accidents and
suicides than to criminal homicides.

Other Weapons Used in Homicide

Aside from guns, the other weapons that can cause death and which are usually used are the following:

1. Blunt instrument, like stone, fist, stick, etc. can cause bruise, hematoma, and the like;

2. Icepick can cause punctured wound which if inflicted in the body prevents the flow of blood and will
cause the body to bloat;

3. Bolo and other sharp-edged instruments can cause wound. If short sharp-edged instrument, then stab
wound.

Terms and Definitions in Special Crime Investigation:(Villaluz & Rodriguez, 2014)

Autopsy- It is the process by which the pathologist or the medico-legal officer conducts an examination on
the cadaver to determine the exact cause of death. Autopsy should be performed at once when there is the
slightest reason to suspect the probability of homicide.

Autopsy Distinguished from Post-Mortem Examination:(Villaluz & Rodriguez, 2014)

-Post-Mortem Examination is the cursory examination of the dead body by the medico-legal officer at
the crime scene while Autopsy is more detailed.

Autopsy or Necropsy Report- it is the medical document or report stating the cause of death of the
victim.

The Definition of Death in the Medical Science:(Villaluz & Rodriguez, 2014)

-When any of the three (3) vital body functions is no longer performing:

1. Respiratory System;

2. Cardiac Activity; and

3. Central Nervous System

The Three (3) Signs of Presumptive Death:(Villaluz & Rodriguez, 2014)

1. Cessation of breathing or respiratory movement;

2. Cessation of heart sounds; and

3. Loss of flushing on nail beds when pressure is released.

Suspended Animation-it is the condition in which the cardiac activity, breathing and functioning of the
nervous system may reach a low level of activity that a homicide investigator may be deceived into an
assumption of death.

Conditions which Produce Simulated Appearance of Death:(Villaluz & Rodriguez, 2014)

1. Electric shock;

2. Prolonged immersion in water;

3. Poisoning from narcotics drug;

4. Barbiturate poisoning; and

5. Certain mental illness.

Methods of Identifying the Deceased:(Villaluz & Rodriguez, 2014)

 1. Fingerprint;

2. Skeletal studies by anthropologist;

3. Visual inspection;

4. Personal effects;

5. Tattoo marks;

6. Dental evidence by the Forensic Odontologist;

7. Clothing’s; and

8.Photograph

Common Forms of External Violence:(Villaluz & Rodriguez, 2014)

1. Contusion- an injury found in the substance of the skin discoloration of the surface due to
extravasations of blood caused by the application of a blunt instrument.

2. Abrasion- injury characterized by removal of the specific epithelial layer of the skin brought about by
friction against a hard rough surface.

3. Hematoma- extravasations of blood in the newly formed cavity known as blood tumor caused by blunt
instrument.

4. Incised Wound- produced by sharp-edged instrument like bolo, broken glass, etc.

5. Stab Wound- forcible application of a sharp-pointed instrument (with sharp edges)

6. Punctured Wound- produced by sharp-pointed instrument.

7. Lacerated Wound- tearing the skin due to forcible contact with a blunt instrument which the edges are
irregular.

TERMS CONNECTED WITH HOMICIDE:

1. Homicide- the killing of a human being by another human being.

2. Sororicide- the killing of one’s sister.

3. Fratricide- the killing of one’s brother.

4. Matricide-the killing of a mother by her own child.

5. Patricide- the killing of a father by his own child.

6. Parricide- the killing of a person to whom he is related such as parent, grandparent, legal wife, child or
grandchild.

7. Infanticide- the killing of a child which is less than three (3) days old.

8. Suicide- taking one’s own life intentionally and voluntarily.

9. Uxoricide- act of one who murders his wife.

10. Regicide- the murder or killing of a king.

11. Vaticide- the murder of a prophet.

12. Aborticide- the killing of a fetus inside the womb which is also called Abortion.

13. Euthanasia- mercy killing or painless death of a person suffering from incurable disease to cut short his
suffering. This is murder with the qualifying aggravating circumstance of treachery.
 MODULE 2

CHAPTER II- CONCEPT OF SEX CRIME AND SPECIAL CRIME INVESTIGATION ON RAPE AND
OTHER SEXUAL OFFENSES

INTRODUCTION:

Sex crimes are a category of offenses that generally arise when violence occurs during a sexual act, when
there is lack of consent by one party to the sexual act, or when someone engages in sex with an individual who is
legally incapable of consent, such as a child. Sex crimes have serious repercussions for those found guilty because
they often require not only jail time, but also official registration as a sex offender, which can have an impact on the
job, housing and social opportunities for the remainder of his life.

Thus, this Module covers the general concepts and principles of special crime investigation, particularly
on victims of sex crimes and other sexual offenses.

LESSON 1: DEFINITION AND CONCEPT OF SEX CRIMES, RAPE AND SEX CRIME
INVESTIGATION

DEFINITION OF SEX CRIME: (Villaluz & Rodriguez, 2014)

Sex crimes- are a category of offenses that generally arise when violence occurs during a sexual act,
when there is lack of consent by one party to the sexual act, or when someone engages in sex with an individual
who is legally incapable of consent, such as a child.

CONCEPTS OF SEX CRIME:

Sex Crime-is triggered by emotion. A person who commits a sex crime has lost control of his emotions. It
is not something you can set out and analyze. It is a compulsion coming deep within the offender.

Gratification of the sex urge is often done in strange and morbid methods. It involves an addiction. Sex is a
normal human need., hence, this must be considered in the investigation of the sex crimes.

RAPE AND OTHER SEXUAL OFFENSES: (Bermas, 2004)

Rape has been defined under Article 335 of the Revised Penal Code but changed due to the enactment of
RA No. 8353, amending and expanding the definition of the crime of rape.

Pursuant to RA No. 8353, under Article 266-A, RAPE is committed in two (2) ways:

1. By any man who have carnal knowledge of a woman against her will under any of the following
circumstances:

a. through force, threat or intimidation;

b. When the offended party (woman) is deprived of reason or otherwise, unconscious;

c. By means of fraudulent machination or grave abuse of authority; or

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 (either man or woman) who under any of the circumstances above-mentioned, shall
commit an act of sexual assault by inserting his penis (by a man) into another person’s (either man or
woman) mouth or anal orifice, or instrument or object like stick, blunt instrument, eggplant, fingers and
the like into the genital (woman) or anal orifice (either man or woman) of another person, attended by any
of the circumstances mentioned above.
 IMPORTANT PROVISIONS OF RA NO. 8353 (ANTI-RAPE LAW OF 1997) -(Villaluz &
Rodriguez, 2014)

-Rape is now classified as a crime against persons. Previously, it is a crime against chastity. Thus, there
is now an impossible crime of rape. Raping a dead person believed to be alive by the offender is impossible crime
of rape.

-Rape could be committed on a male person.

-Marital rape now could also be committed by the husband.

-The insertion of the penis or objects into the mouth, genitals or anal orifice of another person with carnal
knowledge is rape.

RAPE:(Villaluz & Rodriguez, 2014)

-AS A CRIME AGAINST PERSON:

-Rape violates a woman’s well-being and not just her virginity or purity. The law considers that any
woman, whether a prostituted woman, non-virgin or one who has an active sexual life may be victimized by rape.

-AS A PUBLIC OFFENSE:

-By declaring that rape is a crime against persons, the law no longer considers it as a private crime.
Anyone who has knowledge of the crime may file a case on the victim’s behalf. Prosecution continues even if the
victim drops the case or pardons the offender.

WHO CAN BE RAPED? (Villaluz & Rodriguez, 2014)

Anyone can be a rape victim but the incidence of rape is more rampant in women and young girls.

WHO CAN COMMIT RAPE? (Villaluz & Rodriguez, 2014)

Any man or woman may be held liable for rape. It is possible that a man may rape his own wife, an act
deemed as “marital rape”. The penalty for rape in general may apply on the offender who commits marital rape.

HOW IS THE CRIME PUNISHED? (Villaluz & Rodriguez, 2014)

The penalty varies depending on the act itself and the circumstances surrounding it. Reclusion perpetua
(imprisonment from 20 to 40 years) is imposed on the offender if rape is committed through sexual intercourse.
Prision mayor (imprisonment from 6 to 12 years) is imposed on the offender if rape was committed through oral
or anal sex or through the use of any object or instrument that was inserted into the mouth or anal orifice of the
woman or a man. This may also be elevated to reclusion temporal (imprisonment from 12 to 20 years) or
reclusion perpetua depending on the circumstances surrounding the crime.

WHAT TO DO IF SOMEONE IS RAPED? (Villaluz & Rodriguez, 2014)

1. Advise the victim to seek the help of a counselor or a therapist who is an expert in
handling cases of sexual abuse;

2. Assist her in securing a safe and temporary shelter if she needs to move to another place
for security reasons. She can be referred to a crisis center or any government agency that offers temporary
shelter.

3. Make sure that evidence is safe and intact. This would help in case the victim decides to
file a case.

4. Secure a medico-legal certificate from a medico-legal officer. Absence of bodily injuries

does not mean that rape did not occur or that the case may not be pursued anymore.

5. Support the victim along the way when she decides to file a case.

6. Ensure that she is prepared in all aspects, make her understand the overall picture of the
case. Inform her that it is possible that doctors, police, lawyers and judges would not be sensitive to her
situation and experience.

7. Help the victim choose the lawyer who understands her most.
 8. Coordinate with people who can assist or support her all throughout.

STATUTORY RAPE:(Villaluz & Rodriguez, 2014)

-When the victim of rape is twelve (12) years of age and below, it is statutory rape. The reason
for this is that even if the child consented to the sexual intercourse, her consent is not valid because by
her age, she could not give a valid consent.

EVIDENCE IN THE INVESTIGATION OF RAPE:

-Panty or other clothing of the victim.

-Physical examination of the victim to determine signs of force such as injuries or the presence
of seminal fluids inside her organ.

-Detached pubic hairs of the victim and suspect.

-Physical examination of the suspect and the examination of his clothing.

-Relevant matters at the scene of the crime.

-Testimonies of witnesses, if there is any.

-Written complaint of the victim.

LESSON 2-OTHER SEXUAL OFFENSES AND CATEGORIES OF PECULIAR WAYS OF SEX

OFFENDERS

Discussion:

OTHER SEXUAL OFFENSES: (Bermas, 2004)

1. ACTS OF LASCIVIOUSNESS (ART. 366, RPC): (Bermas, 2004)

The act of lasciviousness or lewdness is done by any of the following:

1. By the use of force or intimidation;

2. When the offended party is otherwise unconscious or deprived of reason; and

3. When the offended party is under twelve (12) years old.

QUALIFIED SEDUCTION (ART. 337, RPC): (Bermas, 2004)

-This is committed by public authority, priest, house servant, domestic, guardian, teacher or any person
who, in any capacity shall be entrusted with education or custody of the woman seduced. The victim is over 12
but under 18, virgin, unmarried and of good reputation.

SIMPLE SEDUCTION (ART. 338, RPC): (Bermas, 2004)

-Committed by any person by means of deceit over a woman who is single or widow of good reputation,
over 12 but under 18.

FORCIBLE ABDUCTION (ART. 342, RPC): (Bermas, 2004)

-Abduction of a woman over 12 but under 18 against her will. In this case, virginity is not essential.
Sexual intercourse is likewise not necessary. What is important is that the abduction was forcible and with lewd
design.

CONSENTED ABDUCTION (ART. 343, RPC): (Bermas, 2004)

-Taking away of the victim who is a virgin over 12 but under 18 with lewd design even though there was
a consent.

VIRGINITY :(Villaluz & Rodriguez, 2014)

-It is the condition of a woman where the hymen of her vagina is still intact or unruptured. It does not
mean that when the hymen is intact, there is no case of rape.
 -The mere touching of the labia majora (major lips) of the pudendum (vagina) by the male organ is
considered as consummated rape because there is a slight penetration.

-Virginity is not an element in the crime of rape because even the prostitute who is a veteran of many
foreign wars could be a complainant.

-Virginity is not only lost thru sexual intercourse but by bicycle riding or other strenuous physical
exertion on the part of the woman, or the insertion of an object while in the act of masturbation.

INVESTIGATION PROCEDURES: (Rape and other Sexual Offenses)

First to remember during the investigation are the elements of the crime, as the case may be. Specially
rape cases, investigation of the same calls for maximum tact and professionalism. In interviewing the victim, the
latter’s answers must provide information about the following:(Bermas, 2004)

1. Lack of consent;

2. Amount of force;

3. Sexual penetration;

4. Extent and type of sexually deviant acts;

5. Method of suspect’s operation before the attack;

6. Method of suspect’s operation during the attack;

7. Method of suspect’s operation following the attack;

8. Acquaintanceship between the suspect and the victim; and

9. Description of the suspect.

In investigating sexual offenses, thorough interview of the victim is needed in order to obtain vital
information that may give lead to pursue the investigation.

CATEGORIES OF PECULIAR WAYS OF SEX OFFENDERS: (Villaluz & Rodriguez, 2014)

1. Fetishism-refers to a person who satisfied sex urge through wearing of an object (e.g., underwear of a
woman) compulsively used in attaining sexual gratification

2. Symbolism- the representation of things by the use of symbols, especially in the art or literature, such
as systems of symbols and symbolic meanings and a group of symbolists as in art or literature.

3. Ritualism-sex offenders of this category use the same approach or pretext all the time. This will help in
solving serial rapes by analyzing the peculiar rituals used.

4. Sex Fantasy or Dream World- the sex fantasy overcome the offender who puts his dreams to reality to
see if he will feel even better and its importance to him.

5. Sadism- prior acts of cruelty before the sex encounter bring climatic satisfaction.

6. Masochism- sexual satisfaction is gained by being humiliated, hurt or beaten before the sexual act.

7. Sado-Masochism- inflicts injury and at the same time enjoys having injury inflicted upon him preceding
the sexual act.

8. Voyeurism- a sexual gratification by looking at nude person. “Peeping Toms” are included in this
category.

9. Satyrism- an abnormal over-sexual activity on the part of the men. The abnormal sexual offender is
called “Satyr” which was derived from the Greek Mythology of a half-man half-goat animal who could
impregnate fifty (50) female goats a day.

10. Nymphomania- the compulsive and uncontrollable feeling of a woman to over-indulge in sexual
activity. The woman is called “nymphomaniac”.
 11. Necromania or Necrophilia- sexual gratification on a dead person or love towards a dead person.

12. Pedophilia- sexual gratification where the victims are children. The person afflicted with this sexual
perversion is the “pedophile.”

OTHER TERMS CONNECTED WITH SEX CRIMES:(Villaluz & Rodriguez, 2014) and
(Bermas,2004)

1. Sodomy- sexual intercourse thru the anus or anal sex.

2. Oral Sex-sexual perversion where gratification is thru the mouth

3. Bestiality- sexual gratification is thru sexual intercourse with animals like pets such as dogs, cats, etc.

4. Impotency- the failure to have erection of the male organ.

5. Sterility- the failure to procreate or produce offspring. A man may not be impotent but sterile and vice
versa. A woman is never called impotent but maybe sterile.

6. Exhibitionism- commonly known as indecent exposure of the sex organ for sexual gratification.

7. Homosexuality- is an erotic attraction or sexual preference for a member of the same sex.
Homosexuality is not illegal, but by its general nature, certain investigative situations may involve
homosexuals as victims. For example, homosexuals may be likely targets for assault and robbery.

8. Adultery- voluntary intercourse by a married person with someone other than his or her spouse.

9. Analingus- use of the mouth or the tongue on the anus of another.

10. Anthrophagy- the eating of human flesh to achieve sexual gratification.

11. Anus- the opening at the lower end of the alimentary canal through which waste is excreted from the
body.

12. Bisexual- one who is sexually attracted to members of the same sexes.

13. Buggery- anal intercourse, often referred to as sodomy.

14. Coprophagy- the ingestion of fecal excrement to achieve sexual gratification.

15. Cunnilingus-use of mouth or tongue on the external organ or genitalia of the female by male or female.

16. Fellutio-use of the mouth or tongue on the male sex organ by the male or female.

17. Ejaculation- the ejection of seminal fluid during sexual intercourse.

18. Orgasm- the ultimate satisfaction of a female during sexual intercourse characterized by ejection of
egg cell.

19. Flagellation- a whipping or flogging that characterizes an abnormal eroticism.

20. Fornification- sexual intercourse beteen unmarried persons.

21. Frottage- sexual gratification achieved by pressing or rubbing against a person.

22. Gerontophilia- the preference for an elderly person as one’s sex partner.

23. Incest- sexual intercourse between persons closely related to marry legally.

24. Infibulation- the masochistic self-torture of one’s own sex organ.

25. Pederasty- anal intercourse with a young male.

26. Piquirism- sexual inclination to cut, stab, or pierce the flesh of another person.

27. Pyromania- uncontrollable impulse to set destructive fires to secure sexual satisfaction.

28. Tribad- a female homosexual who assumes the role of the male during sexual acts with a passive
partner.

29. Troilism- an exhibitionistic desire to perform sexual acts with several partners, or on the presence of a
number of people.
 Sex crimes involved human behaviors that are defined by legal statute as being unlawful. Such
sexual deviations may lead the investigators to proceed with his investigation. The physical evidence that
maybe discovered by the investigator in sexual offenses and become the basis of investigation is the
semen. Semen is the malereproductive fluid that normally contains spermatozoa, the male reproductive
sperm cells. (Bermas, 2004)

MODULE 3

CHAPTER III- IMPORTANT PROVISIONS OF RA NO. 9262 AND RA NO. 7877 AND THE PENAL
PROVISIONS FOR VIOLATIONS OF THESE SPECIAL LAWS

INTRODUCTION:

Women and children are often the victims of particular types of violent crimes such as domestic and
sexual violence, human trafficking, child abuse and neglect, elder abuse and neglect, stalking, voyeurism,
kidnapping and hate crimes.

Domestic violence is a pattern of abusive behavior used by a person to gain and maintain power or
control over a partner. It occurs in many different types of relationships. Domestic violence is not limited to any
particular group or economic class of women. Wealthy women and poor women, single women and married
women, white women and women of color, women who work in the home and outside the home, heterosexual and
bisexual women, lesbians, teenagers and elderly women can all experience abuse. (Google Encyclopedia)

LESSON 1: IMPORTANT PROVISIONS OFRA NO. 9262 KNOWN AS “THE ANTI-VIOLENCE

AGAINST WOMEN AND THEIR CHILDREN ACT 0F 2004”

Discussion:

WHAT IS REPUBLIC ACT NO. 9262? (Villaluz & Rodriguez, 2014)

RA NO. 9262 is the “Anti-Violence Against Women and Their Children Act of 2004.” It seeks to
address the prevalence of violence against women and children (VAWC), abuses on women and their children by
their intimate partners like: husband, ex-husband, live-in partner or ex-live-in partner, boyfriend, girlfriend or ex-
boyfriend/ex-girlfriend, dating partner or ex-dating partner. The Act classifies violence against women and
children (VAWC) as a public crime.

WHAT IS VAWC UNDER THE LAW? :(Villaluz & Rodriguez, 2014)

It refers to “any act or a series of acts committed by any person against a woman who is his wife, former
wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has
a common child , or against her child whether legitimate or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual, psychological harm or suffering , or economic abuse
including threats of such acts , battery, assault, coercion, harassment or arbitrary deprivation of liberty. It
includes but not limited to the following acts.”

“Physical Violence”- refers to acts that include bodily or physical harm.

“Sexual Violence”- refers to an act which is sexual in nature, committed against a woman or her child. It
includes, but is not limited to:

a.rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making,
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing
her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts
and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the
same room with the abuser.

b. Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm or coercion:

c. Prostituting the woman or her child.

“Psychological Violence”- refers of acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the
right to custody and or/ visitation of common children;

“Economic Abuse”- refers to acts that make or attempts to make a woman financially dependent. These
includes but not limited to the following:

a. withdrawal of financial support or preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other spouse /partner objects on valid, serious and
moral grounds as defined in Article 73 of the Family Code;

b. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;

c. destroying household property;

d. controlling the victim’s own money or properties or solely controlling the conjugal money or properties.
Children are those below 18 years of age or older but are incapable of taking care of themselves (as stated in
Republic Act No.7610). It includes the biological children of the victim and other children under her care. A dating
relationship is one which has a romantic involvement. It means that a relationship existed between a woman and a
partner who is abusive or has previously abused her, whether or not the relationship was formal. “Sexual
relations” refer to a single sexual act which may or may not result to a bearing of a child.

WHO GETS PROTECTED UNDER THE LAW? :(Villaluz & Rodriguez, 2014)

The law recognizes the unequal relations of a man and a woman in an abusive relationship where it is
usually the woman who is the disadvantaged. Thus, the law protects the woman and her children.

The victim, the child who is a minor (legitimate and illegitimate), and a person aged 18 years and beyond
who doesn’t have the ability to decide for herself/himself because of an emotional, physical and mental illness can
make full use of the law. Any child under the care of a woman is also protected under the law.

IS VAWC COMMITTED BY MEN ALONE?

Women can also be liable under the law. These are the lesbian partners/girlfriends or former partners of
the victim with whom she has or had a sexual or dating relationship. (Source: Barangay Protection Order RA 9262:
A Primer, Department of the Interior and Local Government, National Barangay Operations Office, 2004)

WHAT IF THE FEMALE VICTIM COMMITS VIOLENCE AGAINST HER PARTNER? :

(Villaluz & Rodriguez, 2014)

The law acknowledges that women who have retaliated against their partners or who commit violence as a
form of self-defense may have suffered from battered-women syndrome (BWS).

BWS is a “scientifically defined pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse” (Salient Features: A Guide to Anti-Violence
Against Women and their Children (RA No. 9262), Philippine Information Agency and National Commission on the
Role of Filipino Women)

Any victim who suffers from BWS should be diagnosed by a psychiatric expert or clinical psychologist.
This will also help the victim in obtaining a just decision in her case. The law does not allow the offender to have a
custody of minor children. Their care is still entrusted to the woman even if she is found to have a BWS.

WHAT IF THE MALE SPOUSE/PARTNER COMPLAINS ABOUT ABUSES COMMITTED BY

HIS WIFE/PARTNER? (Villaluz & Rodriguez, 2014)

He may file a complaint or case under the Revised Penal Code.

WHAT ARE THE PENALTIES FOR COMMITTING VAWC? (Villaluz & Rodriguez, 2014)

If the courts have proven that the offender is guilty of the crime, he may be imprisoned and will be obliged
to pay 100,000 to 300,000 pesos in damages. The length of imprisonment depends on the gravity of the crime. The
offender is also obliged to undergo psychological counseling or psychiatric treatment. Being drunk or under the
influence of prohibited drugs cannot be taken as an excuse for committing VAWC.

WHAT CAN WOMEN AND CHILDREN DO UNDER THE LAW? :(Villaluz & Rodriguez, 2014)

The law allows women and their children to secure a barangay protection order and/or temporary or
permanent protection order from the courts.
 They can also file an independent civil action for damages and criminal action for violation of the anti-
VAWC Act.

WHAT IS A PROTECTION ORDER? :(Villaluz & Rodriguez, 2014)

It is an order prescribed in the Anti-VAWC Act to prevent further abuse of or violence against a woman
and her child. It also provides them relief from said abuse or violence.

WHO MAY FILE THE PROTECTION ORDER? :(Villaluz & Rodriguez, 2014)

Anyone of the following may also file the protection order in behalf of the victim/s:

1. Parent or guardian;

2. Grandparents;

3. Children and grandchildren;

4. Relatives (Aunts, uncles, cousins, in-laws;

5. Local officials and DSWD social workers;

6. Police;

7. Lawyer;

8. Counselors;

9. Therapists;

10. Health care providers (doctors, nurses, barangay health workers); and

11. Any two people who came from the city or municipality where VAWC happened and who have
personal knowledge of the crime.

LESSON 2-IMPORTANT PROVISIONS OF RA NO. 7877 KNOWN AS THE “ANTI-SEXUAL

HARASSMENT ACT OF 1995.

Discussion:

LESSON 2-IMPORTANT PROVISIONS OF RA NO. 7877 KNOWN AS THE “ANTI-SEXUAL

HARASSMENT ACT OF 1995”(Villaluz & Rodriguez, 2014)

RA No. 7877addresses the issue of sexual harassment committed in work and education or training
environment. It was signed into law on February 14, 1995 under former President Fidel Ramos’ Administration.

WHAT IS SEXUAL HARASSMENT? (Villaluz & Rodriguez, 2014)

Under the law, education or training-related sexual harassment is…”committed by an employer,

employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any other
person , who having authority , influence or moral ascendancy over another in a work or training, or education
environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the
demand, request or requirement for submission is accepted by the object of said Act.”

HOW IS WORK-RELATED SEXUAL HARASSMENT COMMITTED? (Villaluz &

Rodriguez, 2014)

This is done when:

a. The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable compensation, terms,
conditions, promotions, privileges; or the refusal to grant the sexual favor results in limiting, segregating
or classifying the employee which is any way would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee;

b. The above acts would impair the employee’s rights or privileges under existing labor laws; or

c. The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
 WHAT ABOUT EDUCATION OR TRAINING-RELATED SEXUAL HARASSMENT? (Villaluz &
Rodriguez, 2014)

This is committed:

a. against one who is under the care, custody or supervision of the offender;

b. against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

c. when the sexual favor is made a condition to the giving of passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or

d. when the sexual advances result in an intimidating, hostile or offensive environment for the student,
trainee or apprentice.

A person who directs or induces another person to commit any act of sexual harassment or who
cooperates to commit the act, without which the said act would not have been committed, will also be held liable
under the law.

WHAT IS THE DUTY OF THE EMPLOYER OR HEAD OF OFFICE IN A WORK OR

EDUCATION/TRAINING ENVIRONMENT? (Villaluz & Rodriguez, 2014)

The employer or head of office is required by the law to prevent the occurrence of sexual harassment acts.
If in case, acts of sexual harassment were committed, the employer or the head of office should:

a. Disseminate appropriate rules and regulations which are consulted from and jointly approved by
the employees or students or trainees, through their duly designated representatives. The said rules prescribe the
procedures for the investigation of sexual harassment cases and the administrative sanctions applied for such.
Administrative sanctions shall not bar prosecution in the proper courts for unlawful acts of sexual harassment. The
said rules and regulations should include guidelines on proper decorum in the workplace and educational or
training institutions.

b. Create a committee on decorum and investigation of cases on sexual harassment. The committee
shall conduct meetings or as the case may be, with officers and employees, teachers, instructors, professors,
coaches, trainers and students or trainees to increase understanding and prevent incidents of sexual harassment. It
shall also conduct the investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the supervisory rank and from the
rank-and-file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the trainers, teachers, instructors, professors or coaches and students or
trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of RA
No.7877 to inform all concerned individuals.

WHAT IF THE EMPLOYER OR HEAD OF OFFICE DID NOT UNDERTAKE ANY ACTION
DESPITE HIS/HER KNOWLEDGE OF SEXUAL HARASSMENT ACT/S? (Villaluz & Rodriguez, 2014)

The employer of head of office, educational or training institution will be held liable for the damages
arising from acts of sexual harassment if they are informed by the offended party of the occurrence of such acts, yet
no action has been undertaken.

CAN THE OFFENDED PARTY SEEK REDRESS BY TAKING INDEPENDENT ACTION?

(Villaluz & Rodriguez, 2014)

The offended party may take independent action for damages incurred in the act of sexual harassment.
She/he may also avail of relief.

WHAT ARE THE PENALTIES APPLIED TO OFFENDERS? (Villaluz & Rodriguez, 2014)

Any person who violates the provisions of the law shall be penalized by imprisonment of not less than one
(1) month nor more than six (6) months, or a fine of not less than Ten Thousand (10,000.00) pesos nor more than
Twenty Thousand (20,000.00) pesos, or both such fine and imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.