Question & AnswerQ&A (Republic Act No. 8353)
Republic Act No. 8353 is known as "The Anti-Rape Law of 1997."
Rape is classified as a Crime Against Persons under Title Eight of the Revised Penal Code.
A man who has carnal knowledge of a woman under certain circumstances such as force, threat, unconsciousness of the victim, fraudulent machination, grave abuse of authority, or when the victim is under twelve years old or demented.
Yes, under paragraph 2 of Article 266-A, any person who commits 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 is guilty of rape.
The penalty is reclusion perpetua.
When the rape is committed with a deadly weapon, by two or more persons, when the victim becomes insane due to the rape, when homicide is committed during the attempt or commission of rape, or when qualifying aggravating circumstances are present such as victim's age, relationship to offender, victim's custody under authorities, and others enumerated in Article 266-B.
Examples include the victim being under 18 and related to the offender within the third civil degree, victim in custody of police or penal institution, rape committed in view of spouse or relatives, victim religious person, victim below 7 years old, offender having HIV/AIDS and transmitting it, offender being a member of the AFP or law enforcement who used his position, victim suffering permanent physical mutilation, offender knowing the victim's pregnancy, or victim's mental/physical disability.
The penalty is prision mayor, with increased penalties under aggravating circumstances up to reclusion temporal.
Subsequent valid marriage between the offender and offended extinguishes the criminal action or penalty.
The subsequent forgiveness by the wife extinguishes the criminal action or penalty, provided the marriage is not void ab initio.
Any physical act showing resistance or that the offended party was incapable of giving valid consent may be accepted as evidence in rape prosecution.
They are deemed amended, modified, or repealed accordingly.