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The Anti-Rape Law of 1997 (RA 8353)
Transcript of The Anti-Rape Law of 1997 (RA 8353)
To be raped by means of intimidation, the victim must be timid or easily cowed.
To conclude that a rape occurred by means of threat, there must be a clear evidence of a direct threat.
The fact that the accused and the victim are “more than nodding acquaintances" makes the sex consensual. Seven gender-based myths It is problematic when a rape victim reacts to the assault by resisting the attack, and also by cowering in submission because of fear.
The rape victim could not have resisted the sexual attack if the accused were able to proceed to ejaculation.
It is unbelievable that a man in his sixties would be capable of rape. UN women’s committee faults RP for junking rape case JERRIE M. ABELLA, GMANews.TV Committee’s recommendations to RP Take effective measures to ensure that court proceedings involving rape allegations are pursued without undue delay;
Ensure that all legal procedures in cases involving crimes of rape and other sexual offenses are impartial and fair, and not affected by prejudices or stereotypical gender notions. Rape violates a woman’s well being and not just her virginity or purity. The law considers that any woman, whether a prostituted woman, non-virgin or one who has an active sexual life may be victimized by rape. A Public Offense By declaring that rape is a crime against persons, the law no longer considers it as a private crime. Anyone who has knowledge of the crime may file a case on the victim’s behalf. Prosecution continues even if the victim drops the case or pardons the offender. Marital rape is impliedly recognized.
Rape may now be committed against men, not only against women.
Rape now includes acts other than penile penetration of the vaginal orifice.
On statutory rape. Reclusion Perpetua to Death With the use of deadly weapon or by two or more persons By reason or on the occasion of the rape, victim has become insane Attempted and a homicide is committed by reason or on the occasion thereof Homicide is committed Death Penalty Victim is under 18 and 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 PENALTIES By a man who shall have carnal knowledge of a woman under 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 under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present By any person 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. WHEN and HOW Rape is committed