Republic Act 8353

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”
SECTION 1. SHORT TITLE
• This Act shall be known as “The Anti-Rape
Law of 1997.”
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.
WHAT ARE THE CRIMES AGAINST PERSON
AND HOW IT IS COMMITTED?
• Crimes against people are a category of crime that

consist of offenses that usually involve causing or
attempting to cause bodily harm or a threat of bodily
harm. These actions are taken without the consent of the
victim against whom the crime is being committed.
DEFINITION OF RAPE
• Article 266-A of the law defines rape by "an act of
sexual assault" by any person either by "inserting
his penis into another person's mouth or anal
orifice" or inserting "any instrument or object, into
the genital or anal orifice of another person".
RAPE
• Rape in the Philippines is considered a criminal offense.
In Philippine jurisprudence, it is a heinous crime
punishable by life imprisonment when committed against
women. Rape of males is also legally recognized as rape by
sexual assault, which is penalized by imprisonment of six
to twelve years.
SEDUCTION
• As to the crime of Seduction, a qualification has
to be made because it appears this crime has been
modified by rape committed by means of
fraudulent machination or by grave abuse of
authority.
WHAT IS DIFFERENCE BETWEEN
SEDUCTION AND STATUTORY RAPE?
• The victim is a woman who must be over 12

years because if her age is below 12 the
offense is statutory rape
TYPES OF RAPE
• Acquaintance rape - is rape that is perpetrated by a person who knows the victim. Examples of acquaintances
include someone the victim is dating, a classmate, co-worker, employer, family member, spouse, counselor,
therapist, religious official, or medical doctor.
• Statutory rape - is nonforcible sexual activity in which one of the individuals is below the age of consent (the
age required to legally consent to the behavior).
• Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent.
• Date rape - is a form of acquaintance rape and dating violence. The two phrases are often used
interchangeably, but date rape specifically refers to a rape in which there has been some sort of romantic or
potentially sexual relationship between the two parties.
TYPES OF RAPE
• Gang rape - is the rape of a single victim by two or more violators (typically at least three).
• Prison rape or jail rape - is rape occurring in prison. The phrase is commonly used to describe rape of inmates
by other inmates, less commonly to the rape of inmates by staff, and rarely to rape of staff by inmates.
• Genocidal rape - is the action of a group which has carried out acts of mass rape and gang
rapes, against its enemy during wartime as part of a genocidal campaign.
• Corrective rape - is a hate crime in which one or more people are raped because of their
perceived sexual orientation or gender identity.
TYPES OF RAPE
• Campus sexual assault - is the sexual assault, including rape, of a student while attending
an institution of higher learning, such as a college or university
• Serial rapist - is someone who commits multiple rapes, whether with multiple victims or a
single victim repeatedly over a period of time.
• Rape by deception, or "Ponzi rape", - is a situation in which the perpetrator obtains the
victim's agreement to engage in sexual intercourse or other sex acts, but gains it
by deception, such as false statements or actions, including leading the target into illusory
perceptions in order to get sex.
WOMEN IN CUSTODY
• Women in the custody of law enforcement officials in the Philippines are vulnerable to torture,
including rape and sexual abuse. Between 1995 and 2000 Amnesty International received reports of
more than 30 incidents of rape or other sexual abuse of women or girls in custody. The organization
fears that this figure represents only a fraction of the real number of cases. Rape of women detainees by
police officers, jail guards or military officials always constitutes torture. It is both a physical
violation and injury as well as a humiliating assault on a woman's mental and emotional integrity. Other
forms of sexual abuse by law enforcement officials, including the threat of rape, verbal sexual abuse,
and mocking, designed to degrade and humiliate, may also constitute torture or other forms of
cruel, inhuman and degrading treatment. According to Amnesty International's information, there has
been only a small number of convictions of police officers for the rape of female detainees
IN PROSTITUTION
• Prostitution in the cities of Olongapo and Angeles was highly prominent during the time of
the U.S. military bases called Subic Bay Naval Base and Clark Air Base, respectively.
• Although the sex trade in the Philippines mostly caters to the indigenous
population, NGOs and religious groups regularly sensationalize the problems of prostitution
by drawing attention to the foreigner-oriented segment of this business. In Angeles, the
control is split between Filipino, Korean, Australian and American bar operators, though in
1987, Australians had a financial interest in more than 60% of the 500 bars and 7,000
prostitutes in the city.
RAPE OF CHILDREN
• Research studies conducted in schools show that for every three Filipino children, one
child experiences abuse. During the first semester of 1999 alone, there were 2,393 children
who fell prey to rape, attempted rape, incest, acts of lasciviousness and prostitution.
• The age of consent in the Philippines is 16 years old meaning that non-forcible sexual
intercourse with a child 15 years and below is considered as statutory rape. Sexual
relations with minors or people of age 18 but 12 years and above are only penalized if they
were done with force, threat, or intimidation
SEX TRAFFICKING
• Sex trafficking in the Philippines is a significant
problem. Filipina women and girls have been
forced into prostitution, raped, and been
physically and psychologically abused in a
number of ways.
VICTIM SILENCE
• Most female victims of gang rape remain silent for months
before reporting the crime. Obet Montes, coordinator for
services of the women's group GABRIELA, says this is due to
the victim’s fear of society’s judgment, of not wanting to be
branded as a maruming babae (lit. 'dirty woman'). They further
state that oftentimes a rape victim becomes so afraid that she
is going to be blamed for the crime that she denies that she
was violated.
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:
“ARTICLE 266-A. RAPE:
WHEN AND HOW COMMITTED – RAPE IS
COMMITTED:”
• 1) 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 offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances
mentioned above be present.
• 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 ofthe rape, homicide is committed, the penalty shall be
death.
THE DEATH PENALTY SHALL ALSO BE IMPOSED IF THE
CRIME OF RAPE IS COMMITTED WITH ANY OF THE
FOLLOWING AGGRAVATING/QUALIFYING
CIRCUMSTANCES:
• l) 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;
• 2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution.
• 3) 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;
• 4) 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;
• 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;
• 8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or
disability;
• 9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime;
and
• 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.
SEC. 3. SEPARABILITY CLAUSE
• If any part, Sec., or provision of this Act is

declared invalid or unconstitutional, the
other parts thereof not affected thereby shall
remain valid.
SEC. 4. REPEALING CLAUSE
• Article 336 of Act No. 3815, as amended, and all laws,
acts, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent
with or contrary to the provisions of this Act are
deemed amended, modified or repealed accordingly.
SEC. 5. EFFECTIVITY
• This Act shall take effect fifteen (15) days after completion of
its publication in two (2) newspapers of general circulation.
• Approved: September 30, 1997

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REPUBLIC ACT 8353

THE ANTI-RAPE LAW

• Crimes against people are a category of crime that

• The victim is a woman who must be over 12

a) Through force, threat, or intimidation;

• In case it is the legal husband who is the offender, the

• Any physical overt act manifesting resistance against

• If any part, Sec., or provision of this Act is

• Approved: September 30, 1997

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