Rape
Anti-Rape Law: Expanding THE Definition of Rape, and
Reclassifying Rape as A Crime against Persons (R.A. 8353)
The Anti-Rape Law of 1997 amended Title Eight of the Act No. 3815,
otherwise known as the Revised Penal Code. In the original law, the crime
of rape was classified as a Crime Against Chastity. In redefining it as a
Crime Against Persons, it recognizes that rape violates a person's wellbeing and not just one’s purity or virginity. Also, by reclassifying it as such,
it no longer considers rape as a private crime. This means that any person,
who has knowledge of the crime, may file a case on the victim’s behalf
and prosecution continues even if the victim discontinues the case.
The law may be invoked under either of the following conditions:
↗ If the victim is a woman or a
girl, and the perpetrator (who
is a man or a boy) has carnal
knowledge of her through any of
the following circumstances:
▶ Through force, threat,
or intimidation
▶ When the offended party
is deprived of reason or
otherwise unconscious;
▶ By means of fraudulent
machination or grave
abuse of authority; and
▶ When the offended party is under
twelve (12) years of age or is
demented, even though none of
the circumstances mentioned
above are/were present.
↗ If the victim is a woman, man, or
child1, and the perpetrator commits
an act of sexual assault2 under any
of the above the circumstances.
¹ Under the Child Abuse Law (R.A. 7610),
a child is a person below 18 years of age,
or those over—but unable to take care of
themselves because of physical or mental
disability or condition.
² Sexual assault is committed by inserting
a penis into another person's mouth or anal
orifice, or any instrument or object, into the
genital or anal orifice of another person.
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