TOPICS:

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◈ RA No. 8353 – Anti Rape Law of 1997 [4-9]
◈ RA No. 8505 – Rape Victim Assistance &
Protection Act of 1998 [10-12]
◈ RA No. 9208 – Anti-Trafficking in Persons Act of
2003 [13-22]
◈ RA No. 9995 – Anti-Photo and Video Voyeurism
Act of 2009 [23-30]
 Alarming Figures
2
◈ 1 in 3 women and girls experience physical or sexual violence in
their lifetime, most frequently by an intimate partner
◈ Only 52% of women married or in a union freely make their own
decisions about sexual relations, contraceptive use and health care
◈ Worldwide, almost 750 million women and girls alive today were
married before their 18th birthday; while 200 million women and
girls have undergone female genital mutilation (FGM)
 Alarming Figures
3
◈ 1 in 2 women killed worldwide were killed by their partners or
family in 2012; while only 1 out of 20 men were killed under
similar circumstances
◈ 71% of all human trafficking victims worldwide are women and
girls, and 3 out of 4 of these women and girls are sexually exploited
◈ Violence against women is as serious a cause of death and
incapacity among women of reproductive age as cancer, and a
greater cause of ill health than traffic accidents and malaria
combined.
 Republic Act No. 8353
The Anti-Rape Law of 1997
4
◈ An act expanding the definition of the crime of rape,
reclassifying the same as a crime against persons [previously a
crime against chastity], amending for the purpose Act No. 3815,
as amended otherwise known as the The Revised Penal Code,
and for other purposes.

◈ Approved on September 30, 1997

 News & Statistics
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◈ CNN – 7,037 rape cases nationwide from January
to October 2018.
◈ Gabriela – One woman or child gets raped every
72 minutes.
◈ Rappler – Pres. Duterte jokes that underclassmen
of the PMA committed rape.
◈ ABS-CBN – US report highlights rape cases
related to Philippine drug war.
 Rape: When committed?
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By a man who shall have carnal knowledge of a woman under any
of the following circumstances:
◈ Through force, threat and intimidation;
◈ When the offended party is deprived of reason or otherwise
unconscious.
◈ By means of fraudulent machination or grave abuse of
authority;
◈ When the offended party is under 12 years old or is demented.
 Rape: How committed?
7
◈ By any person who, under any of the
circumstances mentioned above, 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.
◈
 Penalties
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◈ Reclusion Perpetua - Death
◈ Whenever the rape is committed
with the use of a deadly weapon or
by two or more persons,
◈ When by reason or on the occasion
of the rape, the victim has become
insane,
 Penalties
9 ◈ When the rape is attempted and a
homicide is committed by reason or on
the occasion thereof,
◈ When by reason or on the occasion of
the rape, homicide is committed,
◈ When the victim is below 18 years old
and the offender is a family member
(parent, ascendant, step-parent, guardian,
relative)
 Republic Act No. 8505

Rape Victim Assistance and

Protection Act of 1998
 This act:
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◈ Coordinated government and non-government agencies to assist
rape victims

◈ Established rape crisis centers in every municipality, city and

province throughout the country
 Rape Crisis Centers
◈ Department of Social Welfare and Development (DSWD)
◈ Department of Health (DOH)
◈ Department of Justice (DOJ)
◈ Non Government organizations- with proven track record (NGOs)

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 Republic Act 9208

ANTI-TRAFFICKING IN
PERSONS Act of 2003 (May 26, 2003)
16
The Acts: Trafficking involves the recruitment, transportation,
harbouring, or receipt of persons with or without the victim’s consent
within or across the national borders.
The Means: by threat, force, coercion, abduction, fraud, abuse of
power or a position, taking advantage of the vulnerability of persons,
giving or receiving benefits to obtain the consent of another person.
17
Purpose: Prostitution, sexual exploitation, forced labor,
slavery, and removal or sale of human body organs.

Penalty: Imprisonment – from 15 years to life

Fine – from 500 thousand to 5 million pesos
18
◈ Republic Act 9208 strengthens the Anti
Mail-Order Bride law which prohibits the
matching of Filipino women to Foreign
nationals on a mail-order bride basis.

◈ RA 9208 saves many women and

children from falling into the prey of
prostitution, pronography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage
which is also a form of trafficking.
 Trafficking in persons vs. Human smuggling
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 May or may not involve  Usually does not involve
coercion, fraud, deception, coercion.
abuse of vulnerability, etc.
 Characterized by facilitation
 Characterized by for a fee the legal entry of a
subsequent exploitation person into a foreign
after the illegal entry of a country.
person from one place to
another.
 Trafficking in persons vs. human smuggling
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 There is a need to prove the  Proof of illegal entry by
presence of exploitation or non-compliance with the
that the recruitment was necessary requirements for
facilitated for the purpose of travel.
exploitation.

 Considered a human rights  Considered a migration

issue. concern.
 Compare with Illegal Recruitment
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 Usually does not involve coercion but uses more deception,
promises and fraud.
 Characterized by facilitating entry of one person from one country
to another through organized or unlicensed agency.
 Mere recruitment without license is punishable. No need to prove
the consequential exploitation.
 Considered a migration concern.
22
 Republic Act No. 9995

ANTI-PHOTO AND VIDEO

VOYEURISM ACT OF 2009
25
vo·yeur·ism
/vwäˈərizəm/ (noun)
the practice of gaining sexual pleasure from watching others
when they are naked or engaged in sexual activity OR
enjoyment from seeing the pain or distress of others.

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Signed by President Gloria Macapagal Arroyo on May 2009.

◈ The State values the dignity and privacy of every human person and
guarantees full respect for human rights, and shall penalize acts that
would destroy the honor, dignity and integrity of a person.
◈ The law prohibits recording videos or taking photos of a sexual act, the
male or female genitalia, and of the female breast, among others, without
consent of the persons featured in the material.
◈ The law ultimately seeks to prevent the reproduction, distribution, and
publication of said material regardless of whether or not the persons
featured consented to the recording.
 Prohibited Acts
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1. Unconsented taking of photo or a
video of a person or people in a
sexual activity.
2. The copying or the reproduction
of the sexual act.
3. Selling or the distribution of the
photo or video
4. The publication of the sexual
activity whether in print or in social
media
 Penalties:
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 Imprisonment of 3 – 7 years.
 Fine of 100 thousand to 500 thousand pesos.
 BOTH
 If the offender is a media franchisee – revocation of license
 If the offender is a public officer or employee – administrative
liability
 If the offender is an alien – deportation.
 Applications:
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1. What do you mean by “private area of a person”?
It means the naked OR undergarment clad genitals, pubic
area, buttocks or female breast of an individual.

2. If there’s an undergarment (e.g., brief or panty) covering the

private parts, is this still covered by the law?
Yes. Based on the definition above, the genitals, pubic area,
buttocks or female breast of an individual may be naked or clad
with undergarment.
 Applications continued:
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3. What if the photo shows the breasts of a man, is this covered
by the law?
No. The law only covers female breasts.

4. If the photo shows only the side of a female breast, without the
nipple, is this still covered by the law?
Yes. The term “female breast” includes “any portion of the
female breast”.
5. What is the meaning of “capture”? With respect to an
image, it means to videotape, photograph, film, record
by any means, or broadcast.

6. What if the other person was aware of and consented

to the taking of the photograph? Even if there was
consent to the taking of the photo, if there is no consent
to the sharing or exhibition, then the offending party
would still be liable.

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7. What do you mean by “broadcast”?

“Broadcast” means to make public, by any means, a visual

image with the intent that it be viewed by a person or
persons.

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 Kho vs. Halili
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◈ Appeals court clears Hayden Kho in 'sex video'
case
◈ The CA upheld the trial court's dismissal of the
case on the grounds that the prosecution did not
submit enough evidence proving that Kho
videotaped their encounter without her consent, or
was responsible for uploading the videos.
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 March 8
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◈ International Women’s Day.

◈ But for us, every day should be International

Women’s Day.
 The Challenge:
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◈ "Not until the half of our population
represented by women and girls can live free
from fear, violence and everyday insecurity,
can we truly say we live in a fair and equal
world." (UN Secretary-General António Guterres)
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◈ Thank you for your time.

⬩ Dir. JUSEN E. LUBATON

⬩ District I