4.4.2 RA 8353 (Rape)

Lesson 4.4.
2: Anti-Rape Law
Anti- Rape Law of 1997 (RA 8353)

and
Rape Victim Assistance and
Protection Act of 1998 (RA 8505)
IOBC 1
Lesson 4.4.2: Anti-Rape Law
Lesson Goal:
This lesson aims to provide the

participants with knowledge on RA 8353 and
gain understanding on the different modes of
committing rape.
IOBC 2
Lesson Objectives:
After this lesson, the participants will be
able to:
• Define Rape, when and how it is

committed.
• Discuss the aggravating/qualifying

circumstances of rape.
• Explain the duties of police officer during

investigation of rape cases.
• Familiarize with Rape Shield.

IOBC 3
Scope of Presentation
• Rape, when and how committed
• Qualifying/Aggravating circumstances of rape
• Effect of pardon
• Overt acts
• Duty of police officer in rape cases
• Rape shield
IOBC 4
Background:
 Rape shall hereafter be classified as a
Crime against Persons.
IOBC 5
I. Rape: When and How Committed

(RPC)
A. By a man who shall have carnal knowledge of
a woman under any of the following
circumstances:
1. Through force, threat, or intimidation;

2. When the offended party is deprived of
reason or otherwise unconscious;
3. By means of fraudulent machination or
grave abuse of authority;
4. offended party is under twelve (12) years of
age or is demented,
IOBC 6
I. Rape: When and How Committed

(RA 8353)
B. By any person who, under any of the
circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual
assault
1. by inserting his penis into other

person's mouth or anal orifice,
2. Or by inserting any instrument or object,

into the genital or anal orifice of another
person.
IOBC 7
Rape: When and How Committed (Cont.)

Differentiation 1st Mode 2nd Mode
(RPC) (RA 8353)
Offender always a man may be a man or a woman
Offended Party always a woman may be a man or a woman
Committed Through penile penetration inserting the penis into another

of the vagina person’s mouth or anal orifice, or any
instrument or object into the genital or
anal orifice of another person
Penalty Reclusion Temporal Prision Mayor to Reclusion Perpetua
(depending on the circumstances)
In People v. Abulon, the court differentiated the two modes

of committing rape.
IOBC 8
Pop sheet
IOBC 9
Pop sheet
IOBC 10
Pop sheet
IOBC 11
Pop sheet
IOBC 12
II. AGGRAVATING AND QUALIFYING

CIRCUMSTANCES
A. Victim is under 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.
B. Victim is under the custody of the police or

military authorities or law enforcement officer of
any penal institution.
IOBC 13
AGGRAVATING AND QUALIFYING

CIRCUMSTANCES (Cont.)
C. 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.
D. 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.
IOBC 14

E. The victim is a child below 7 years old.
F. The offender knows that he is afflicted

with HIV/AIDS or any other sexually
transmissible disease and the virus or
disease is transmitted to the victim.
IOBC 15

G. Committed by any member of the AFP or
paramilitary units thereof or the PNP or
any law enforcement agency or penal
institution.
H. By reason or on the occasion of the rape, the

victim suffered permanent physical mutilation
or disability.
IOBC 16

I. The offender knew of the pregnancy of the

offended party at the time of the commission of
the crime.
J. 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.
IOBC 17
III. Exemptions
 Effect of Pardon
The subsequent valid marriage between the

offender and the offended party shall extinguish
the criminal action or the penalty imposed.
IOBC 18
Exemptions (Cont.)
 Presumptions Article
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.
IOBC 19
IV. 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:
• Immediately refer the case to the prosecutor

for inquest/investigation if the accused is
detained;
• Arrange for counseling and medical services

for the offended party; and
• Immediately make a report on the action

taken.
IOBC 20
 Protective Measures
• The right to privacy of the offended party
and the accused shall be recognized;
• A closed-door investigation, prosecution

or trial;
• The name and personal circumstances

of the offended party and/or the
accused, or any other information shall
not be disclosed to the public.
IOBC 21
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.
IOBC 22
QUESTIONS????
IOBC 23
Summary
In this lesson, we learned about:
 Rape, when and how it is committed.
 aggravating/qualifying circumstances of
rape.
 duties of police officer during investigation

of rape cases.
 Rape Shield.
IOBC 24
End of Presentation
Thank You….
IOBC 25

4.4.2 RA 8353 (Rape)

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

4.4.2 RA 8353 (Rape)

Uploaded by

Copyright:

Available Formats

Lesson 4.4.

Anti- Rape Law of 1997 (RA 8353)

This lesson aims to provide the

• Define Rape, when and how it is

• Discuss the aggravating/qualifying

• Explain the duties of police officer during

• Familiarize with Rape Shield.

• Qualifying/Aggravating circumstances of rape

• Duty of police officer in rape cases

I. Rape: When and How Committed

1. Through force, threat, or intimidation;

I. Rape: When and How Committed

1. by inserting his penis into other

2. Or by inserting any instrument or object,

Rape: When and How Committed (Cont.)

Offended Party always a woman may be a man or a woman

Committed Through penile penetration inserting the penis into another

In People v. Abulon, the court differentiated the two modes

II. AGGRAVATING AND QUALIFYING

B. Victim is under the custody of the police or

AGGRAVATING AND QUALIFYING

D. Victim is a religious engaged in legitimate

AGGRAVATING AND QUALIFYING

E. The victim is a child below 7 years old.

F. The offender knows that he is afflicted

AGGRAVATING AND QUALIFYING

H. By reason or on the occasion of the rape, the

AGGRAVATING AND QUALIFYING

I. The offender knew of the pregnancy of the

J. The offender knew of the mental disability,

The subsequent valid marriage between the

Any physical overt act manifesting

IV. Duty of the Police Officer

• Immediately refer the case to the prosecutor

• Arrange for counseling and medical services

• Immediately make a report on the action

• A closed-door investigation, prosecution

• The name and personal circumstances

In prosecutions for rape, evidence of

 Rape, when and how it is committed.

 duties of police officer during investigation

You might also like