RAPE AND OTHER SEXUAL

RELATED CASES
Rape happens to
people of all
genders and
sexualities.
About 92 percent
of victims are
female and eight
percent are male.
RAPE
Rape is when a person intentionally
penetrates another's vagina, anus or mouth
with a penis, without the other person's
consent. 
It happens to men and women. If
someone initially agrees to have sex, but
later withdraws their consent and the other
person continues anyway, that person will
have committed rape.
 ELEMENTS OF RAPE
Penetration
Force and resistance
Nonconsent
Absence of spousal relationship
A culpable state of mind (mens rea)
REPUBLIC ACT No. 2632

AN ACT TO AMEND ARTICLE THREE

HUNDRED AND THIRTY-FIVE OF THE REVISED
PENAL CODE

Section 1. Article Three hundred and thirty-five of the

Revised Penal Code is hereby amended to read as follows:

“Art. 335. When and how rape is committed Penalties.“

Rape is committed by having
carnal knowledge of a woman under
any of the following circumstances:
 By using force or intimidation;
 When the woman is deprived of reason or otherwise
unconscious; and
 When the woman is under twelve years of age, even
though neither of the circumstances mentioned in the
two next preceding paragraph shall be present.
 The crime of rape shall be punished by Reclusion temporal.
 Whenever the crime of rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be imposed
in its maximum period.
 When by reason or on the occasion of the rape, the victim has
become insane the penalty shall be likewise Reclusion Perpetua
 When rape is frustrated or attempted and a homicide is committed
by reason or on the occasion thereof, the penalty shall
be Reclusion Perpetua.
 When by reason or on the occasion of the rape, a homicide is
committed the penalty shall be Reclusion Perpetua to death.
 Sexual Assault
Assault by penetration is when a person penetrates
another person's vagina or anus with any part of the body
other than a penis, or by using an object, without the
person's consent.
An act of physical, psychological and emotional
violation in the form of a sexual act, inflicted on someone
without their consent. It can involve forcing or
manipulating someone to witness or participate in any
sexual acts.
 Facts about Sexual Assault and Rape
 1 in 5 women (20%) will be sexually assaulted while at college
while only 4% of college men will be sexually assaulted. Most
college victims are assaulted by someone they know.
 42% of college women who are raped tell no one about the
assault.
 It is estimated that only 5% of sexual assaults on college
campuses are reported, making sexual assault the most
underreported crime.
 Rape results in about 32,000 pregnancies each year.
 Facts about Sexual Assault and Rape
 4 out of 5 rape victims subsequently suffer from chronic
physical or psychological conditions.
 40% of rape survivors develop sexually transmitted diseases as
a result of sexual assault.
 Campus perpetrators are often serial offenders.
 Over a third of women who are raped as minors are also raped
as adults.
 42% of raped women expect to be raped again.
 Rape survivors are 13 times more likely to attempt suicide
than are people who have not been victims of a crime.
 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”
Approved: September 30, 1997
 This Act shall be known as “The
Anti-Rape Law of 1997.”

Section 1. Short Title

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: a) Through force, threat, or
intimidation;

b) When the offended party is

deprived of reason or otherwise
unconscious;
1) By a man who
shall have carnal
knowledge of a c) By means of fraudulent machination or
woman under any of grave abuse of authority; and
the following
circumstances: d) When the offended party is under
Statutory twelve (12) years of age or is demented,
Rape even though none of the circumstances
mentioned above be present.
Rape is committed

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 of the rape, homicide is committed,
the penalty shall be death.
 l) When the victim is under eighteen
(18) years of age and the offender is a
The death penalty
parent, ascendant, step-parent,
shall also be imposed
guardian, relative by consanguinity or
if the crime of rape is
affinity within the third civil degree, or
committed with any of
the common-law spouse of the parent
the following
of the victim;
aggravating/qualifying 2) When the victim is under the
circumstances: custody of the police or military
authorities or any law enforcement or
penal institution;

3) When the rape is committed in full

4) When the victim is a religious view of the spouse, parent, any of the
engaged in legitimate religious children or other relatives within the
vocation or calling and  is third civil degree of consanguinity;
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;
The death penalty
shall also be
• 8) When by reason or on the occasion of the rape, the  victim
imposed if the crime has suffered permanent physical mutilation or disability;
of rape is committed
with any of the
• 9) When the offender knew of the pregnancy of the offended
following party at the time of the commission of the crime; and
aggravating/qualifyi
ng circumstances:
• 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 of the 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.
• 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.
SALIENT PRINCIPLES OF SEX
CRIMES

A.) It is triggered by emotion.

B.)Gratification of the sex drive is often

accomplished in strange and disquised
ways.

C.)The motivation by insane

person.
• Peculiarities of most sex offenders:
GENERAL CATEGORIES OF
RAPISTS
• Types of Sex Offenders: A Forensic
Psychologist's Perspective

Offenders against adults

Against children-
pedophiles

Fetish type of offenders

Peculiarities of most sex offenders:

1. Fetishism

2. Symbolism

3. Sex “Fantasy” or a dream

world

4. Sadism

6. Sado- 5.Masochism
Masochism
Types of Rapist
• There are two basic types of rapists: rapists unknown to the victim and rapists known to the victim.
• Both types of rapists commit rape because they want to and they can. It is not true that rapists rape to
have sex. Many times rapists have a consenting partner with whom they can have sex.

• Rapists unknown to the victim

-The rapist unknown to the victim typically is a stranger. He frequently has a knife or other weapon. He
threatens the victim during the attack and may injure her severely. He tells her he will hurt her in the
future.

-Rapists unknown to the victim direct enormous hatred toward women. They want to degrade, humiliate,
and use power over their victims. About 30 percent of rapists fit into this category. For victims, dying is a
major fear during the attack.

• Rapists known to the victim

-This rapist is someone the victim knows: a friend, a date, an acquaintance, a relative, a husband or
partner. He rarely threatens the victim with physical violence beyond the sexual assault itself, and does not
usually injure the victim.

-Over 70 percent of rapists know their victims. Their goal is to have power and control over the victim. For
many victims, in their efforts to cope after the rape, the major issue is the violation of trust the rape
represents.
INVESTIGATIVE
PROCEDURES
Sex Crime
a. Get the facts no matter how embarrassing to those
Investigator
interviewed.
b. Be intensely suspicious. Watch for words spoken
that might give both your victim or suspect away.
c. Be extremely curious. Get to know what goes in
the mind of both the victim and the sex offender.
d. Understand all the little overtones of sex offenses.
e. Possess interview skills. This may be attained if the
investigator understands the crime he is
interviewing about.
f. Have the abilities to analyze and to grasp the
Sex Crime
j. Be a thoroughly capable investigators in all phases of
Investigator
criminal inquiries.
k. No crime is harder to prove and no crime is harder to
disprove than sex crimes. Use goods sense to prove you hit
somebody with this charge.
l. Be intensely interested in the solution of this type of case.
Remember that the offender is likely to commit another
crime of the same kind.
m.Take all complaints seriously. Remember that sex
offenders will do things that ordinarily are hard to explain.
Establish reliable informants, especially in places where
children gather.
INVESTIGATIVE
PROCEDURES
PERFORMED BY
THE SEX CRIME
INVESTIGATOR
1. Assume That The Case Will Be Going To The Court.
- Investigator should be thinking about preparing for trial from the
moment that the initial notification is received. Specifically, they
should assume that their case will result in a trial and that supervisors,
forensic experts, prosecutors, defense attorneys, judges and juries will
scrutinize every decisions made.
2. Interview The Officer Who Made The Initial Report
- the investigator must obtain detailed information about the case
from the officer who took the initial complaint. During the interview,
the investigator should learn the name, address and background
information of the victim and the suspect. If the suspect is a stranger,
the investigator should get a detailed physical description.
3. Ensure The Crime Scene Is Secured; determine if
there are multiple scenes
- the investigator has the responsibility to make sure that each
crime scene is being secured until a forensic team arrive and process it.
4. Respond Where The Victim Is Located; conduct
preliminary interview
- Depending on the timing of the initial notification, the
preliminary interview may take place at crime scene, the hospital, the
victim’s residence, or the residence of a friend or relative.
- the preliminary interview with a victim does not have to be
extremely detailed. The investigator needs to learn enough to
establish whether the elements of a crime are present and to identify
any key evidence, suspects, and the witnesses.
5. Respond To The Crime Scene; interview the any
witnesses and officers present
- the investigator should interview everyone present and note the
lighting conditions and location of any obvious activity or items of
evidence.
- the investigator must also conduct a search for additional
witnesses or surveillance camera in and around the area where the
crime occurred.
6. Secure Warrants; confer with the forensic team
- the investigators has a responsibility to make sure any and all
potentially related evidence is recovered. This carries with the
need to secure any search warrants before crime scene processing
efforts can begin –when necessary.
7. Make A Case Book; keep maintain all tips and leads
- investigator has the responsibility to keep and maintain a
“book” that contain details on every interview conducted, every
item of evidence tested, every tip received and lead that is
developed.
8. Ensure That Appropriate Identification Procedures
Are Used
- when good suspect is developed, the sex crimes detective will
be held accountable for any irregularities or improprieties that may
be found in subsequent identification efforts.
9. Keep Accurate And Legible Notes During The
Investigation
- note taking is the foundation of a good investigation. It
should be accurate, comprehensive, and chronological.
- note taking helps coordinate the investigation, keeps it on
track, refreshes the memory as needed, and helps structure the case
for presentation in the court.
10.Keep The Victim Informed
- its investigator’s responsibility to keep and maintain a
professional working relationship with the victim from the outset of
a case to its conclusions.
- the investigator must respond to all victim’s question in a
timely fashion, keep the victim informed with respect to
developments in the case, and make sure that she understands what
will be needed from her at different points along the way.
 Concerned Unit in the
Police Station In-Charge
in Handling Rape and
Other Related Sexual
Cases
- Women and Children Protection Desk in our local
Police Station

WOMEN AND
CHILDREN
PROTECTION
CENTER
Medical Protocols
of Victims and
Suspects
Protocol of Examination

 To be done only by an authorized medical officer

 To be done on court order/police docket

 Examine without delay

Procedural Steps of Medical
Examination of Victim
STEP DESCRIPTION
Pre-Examination Bio-Data information and
establishment of personal
identity
History General, Obstetric and
specific(about allegation)
General impression Dress, make-up and mental
status
Examination of Body
1. General Built, stature, vitals and general
2. Systemic injuries
3. Genital All organ systems
Condition of genitalia and anal
canal and foreign deposits
Collection of Specimens From clothes, body and
genitalia
Specific history:
 Date, time and place of incidence

 Names and number of alleged offenders if known

 If there is delay between incidence and examination; reason for that.

 Whether she cried for help, struggled, fainted or was intoxicated

 Whether she experienced pain, hemorrhage or discharge during or

after the act

 Whether vaginal, oral or rectal contact occurred

 Sensation as to penetration and emission

 Whether she has changed clothes, bathed or passed urine after the
incident.
General Examination : Injuries
on body

Injuries are scratches, bruises, nail marks and bites in the

form of;

 Abrasions,

 Contusions and

 Lacerations.
 About the wrists and arms

 About the cheeks, lips

and neck

 On the back
Crime Scene
Processing
What is Crime Scene
Processing?
 Thesteps employed to adequately
assess any crime scene are, quite
basically, to interview, examine,
photograph, sketch and process a
crime scene. Processing a crime
scene requires great attention to
detail and nuance. In order to
preserve evidence, proper steps must
be taken in chronological order.
What to Expect from the
Crime Scene Investigator (CSI)
 Upon arriving, the crime scene investigator (CSI) sets out to
interview the first officer at the scene as well as the victim.

 If he or she has not been transported to the hospital?

 The CSI will need to determine where the assault occurred.

 The offender’s actions

 Whether a weapon was used

 Condition of the victim

 The crime scene must be documented with notes, a sketch,

and overall, mid-range, and close-up photography.
 Collection of DNA
Touch DNA can now be used to link
a suspect to a crime scene without the
presence of body fluids. Touch DNA
consists of epithelial cells that are
sloughed from an individual’s hands
when they grasp and item.
The CSI should collect sterile swabbings of
any items that may have been touched by
the suspect at the crime scene such as:

 Weapons
 Utensils or cups
 Clothing torn off of victim
 Door knobs or window entry points
 Toilet seat or handle
The victim should be advised not to bathe or
change his or her clothes before being
examined at the hospital. The hospital will
conduct a physical exam and collect a sexual
battery kit which includes:

 Head and pubic hair samples

 A liquid blood sample
 Saliva sample
 Fingernail clippings
 Head and pubic hair combings
 Anal, oral, and vaginal swabs and slides
Sexual assault cases are often a challenge to
the CSI due to the following circumstances:

 Delay in victim reporting of the crime

 Neurological and physical trauma
experienced by the victim affecting
memory
 Contamination of the crime scene
 Evidence destroyed by the offender
 Evidence unintentionally destroyed by the
victim
Follow Activities
Completing and Recording the
Crime Scene Investigation

1. Establish Crime Scene Debriefing Team

2. Perform Final Survey of Crime Scene

3. Documentation of the Crime Scene

Establish Crime Scene
Debriefing Team
a. Establish a crime scene debriefing team.

b. Determine what evidence was collected.

c. Discuss preliminary scene findings with team members.

d. d. Discuss potential technical forensic testing and the

sequence of tests to be performed.

e. Initiate any action(s) identified in discussion required to

complete the crime scene investigation.

f. Brief person(s) in charge upon completion of assigned crime

scene tasks.

g. Establish post-scene responsibilities for law enforcement

personnel and other responders.
Perform Final Survey of the
Crime Scene
a. Each area identified as part of the crime scene is visually inspected.

b. All evidence collected at the scene is accounted for.

c. All equipment and materials generated by the investigation are

removed.

d. Any dangerous materials or conditions are reported and addressed.

e. The crime scene is released in accordance with jurisdictional

requirements
Documentation of the Crime
Scene
a. Initial responding officer(s’) documentation.

b. Emergency medical personnel documents.

c. Entry/exit documentation.

d. Photographs/videos.

e. Crime scene sketches/diagrams.

f. Evidence documentation.

g. Other responders’ documentation.

h. Record of consent form or search warrant.

 WHAT
“RAPE CULTURE”
MEANS

Prepared by:
TABAGAN,REGIE MARK
Rape cases are not …So rapists aren’t
being reported… being sent to jail

LESS THAN A ONLY 3% OF

HALF OF ALL RAPISTS
RAPES ARE SPEND EVEN A
ACTUALLY DAY IN JAIL.
REPORTED
 Colleges can be
People think rape
openly hostile to
victims are making it
victims.
all up.
CAMPUS RAPE 2-8% OF
RATES HAVEN’T CHARGES MAY
CHANGED IN BE FALSE, BUT
THE LAST 20 THE STUDENTS
YEARS.
THINK UP TO
50% OF RAPE
REPORTS ARE
FABRICATED.
 Searching for Physical
Evidence
On-scene physical evidence is
anything tangible that can establish
in crime.
Preserve the bedding, or any other
object on the rape took place.
In a rape there are two crime scene.
Investigators must photograph any
physical injury to the victim. Prepared by:
TABAGAN,REGIE MARK
PROFILING RAPE
OFFENDERS
 Profiling rape offenders contributes to the creation
of a systematic process for the investigation of rape, by
assisting criminal investigators in reducing or narrowing
the range of potential suspects through identification
of age, and social and demographic characteristics.
 The profiling process uses available information about a
crime and crime scene to construct a profile of the
unknown perpetrator of a crime, and the profile is
composed of characteristics and traits of an unidentified
person (Muller, 2000; Hazelwood and Burgess, 1995).

Some of the components that could be included in

offender profiling are the perpetrator's ethnicity, gender,
age, marital status, employment, sexual maturity,
reaction to questioning by police, likelihood of re-
offense, previous convictions, and the possibility that the
perpetrator has committed a similar previous offence.
 The preparation for profiling a rape offender
involves three basic steps:
 
(1) to determine from the victim what behavior was exhibited by the
rapist,
(2) to analyze that behavior in an attempt to determine the motivation
underlying the assault, and
(3) to set forth the characteristics and traits of the person who
would commit the crime in a manner that explains the motivational
factor indicated by that behavior