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The Crime of Rape in The Philippines

The document discusses the Anti-Rape Law in the Philippines. It outlines the penalties for rape which include reclusion perpetua or lifetime imprisonment for rape committed through force, threat, multiple assailants, or causing insanity in the victim. Marriage between the victim and offender will void criminal charges if the marriage is valid. The crime of rape is defined as sexual intercourse or sexual assault committed through force, threat, inability to consent, or when the victim is underage. Aggravating factors that merit harsher penalties are also specified.

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Rona Lin
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34 views3 pages

The Crime of Rape in The Philippines

The document discusses the Anti-Rape Law in the Philippines. It outlines the penalties for rape which include reclusion perpetua or lifetime imprisonment for rape committed through force, threat, multiple assailants, or causing insanity in the victim. Marriage between the victim and offender will void criminal charges if the marriage is valid. The crime of rape is defined as sexual intercourse or sexual assault committed through force, threat, inability to consent, or when the victim is underage. Aggravating factors that merit harsher penalties are also specified.

Uploaded by

Rona Lin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic Act No.

8353

ANTI-RAPE LAW

What happens if the victim marries the offender?

The marriage between the victim and the offender shall extinguish the criminal action or the penalty
imposed. Here, the marriage must be valid and not void for the extinguishment to apply.

What is the penalty for the crime of rape?

For rape committed under Article 266-A, Paragraph 1, the penalty shall be reclusion perpetua or
lifetime imprisonment:

 When 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
 When the rape is attempted or committed and a homicide is committed by reason or on the
occasion of the rape

Reclusion perpetua shall also be imposed if the rape is committed with any of the following
aggravating or qualifying circumstances:

a) 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

b) When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution

c) 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

d) 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

How is rape committed?

Article 266-A, Paragraph 1:

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 victim is deprived of reason or unconscious

c) By means of fraudulent machination or grave abuse of authority


d) When the victim is under twelve (12) years of age or is demented

Article 266-A, Paragraph 2:

Rape is committed 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.

What is the penalty for the crime of rape?

Reclusion perpetua or lifetime imprisonment shall also be imposed if the rape is committed with any
of the following aggravating or qualifying circumstances:

e) When the victim is a child below seven (7) years old

f) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)
or Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible
disease and the virus or disease is transmitted to the victim

g) When committed by any member of the Armed Forces of the Philippines, para-military units,
Philippine National Police, any law enforcement agency, or penal institution, when the
offender took advantage of his position to facilitate the commission of the crime

h) When by reason or on the occasion of the rape, the victim has suffered permanent physical
mutilation or disability

i) When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime

j) 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

What is the penalty for the crime of rape?

a) For rape committed under Article 266-A, Paragraph 2, the penalty shall be prision mayor or
imprisonment for 6 years and one day to 12 years.
b) 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 (imprisonment for 12 years and 1
day to 20 years).
c) When by reason or on the occasion of the rape, the victim has become insane, the penalty
shall be reclusion temporal.
d) When the rape is attempted and a homicide is committed, the penalty shall be reclusion
temporal to reclusion perpetua.
e) When the rape is committed and a homicide is committed, the penalty shall be reclusion
temporal to reclusion perpetua.
f) Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating
or qualifying circumstances previously mentioned.

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