Question & AnswerQ&A (Republic Act No. 8505)
The official title of Republic Act No. 8505 is the 'Rape Victim Assistance and Protection Act of 1998.'
The declared policy of the State is to provide necessary assistance and protection for rape victims by coordinating government agencies and NGOs to establish and operate rape crisis centers in every province and city.
The Department of Social Welfare and Development (DSWD), Department of Health (DOH), Department of the Interior and Local Government (DILG), Department of Justice (DOJ), and a lead nongovernment organization (NGO) with experience in handling sexual abuse cases are tasked with establishing rape crisis centers.
Rape crisis centers should be located in government hospitals, health clinics, or any other suitable places in every province and city.
Rape crisis centers must provide psychological counseling, medical and health services including medico-legal examinations, free legal assistance, help in investigation and filing of cases, ensure privacy and safety of victims, counseling for families, training programs for officials, and recovery programs for victims.
The Department of Social Welfare and Development (DSWD) is the lead agency responsible.
The police officer must immediately refer the case to the prosecutor if the accused is detained, arrange counseling and medical services for the victim, and immediately report the actions taken.
The examining physician must be of the same gender as the offended party. Also, a women's desk must be established in every police precinct to provide a policewoman to conduct investigations of complaints by women rape victims. Preliminary investigations must also be assigned to female prosecutors.
The right to privacy of both parties is recognized. Closed-door investigations, prosecutions, or trials may be ordered to ensure fair proceedings, and personal information that could reveal identities shall not be disclosed to the public.
The 'rape shield' provision prohibits admitting evidence about the complainant's past sexual conduct, opinion, or reputation unless the court finds it material and relevant to the case.
One hundred twenty million pesos (P120,000,000.00) is allocated; P60 million to DSWD, and P20 million each to DOH, DILG, and DOJ, charged against the Organizational Adjustment Fund.
They must formulate rules and regulations necessary for the proper implementation of the Act.
The other parts that are not affected shall remain valid according to the Separability Clause.
It took effect fifteen (15) days after its publication in at least two newspapers of general circulation.