QuestionsQuestions (Republic Act No. 8505)
RA 8505 is the “Rape Victim Assistance and Protection Act of 1998.” It provides assistance and protection for rape victims, establishes a rape crisis center in every province and city, authorizes appropriations, and provides other related measures.
To provide necessary assistance and protection for rape victims by coordinating government agencies and NGO partners to establish and operate rape crisis centers in every province and city, assisting victims in litigation and recovery.
DSWD, DOH, DILG, DOJ, and a lead NGO with proven track record/experience in sexual abuse cases. The DSWD is the lead agency.
In a government hospital or health clinic, or in any other suitable place in every province and city.
It provides (1) psychological counseling and medical/health services including medico-legal examination; (2) free legal assistance/service when necessary; (3) assistance to hasten arrest and filing of cases; (4) ensuring privacy and safety; (5) counseling/medical services for the family when necessary; (6) training program for law enforcement, prosecutors, lawyers, medico-legal officers, social workers, and barangay officials; and (7) recovery programs for rape victims.
The police must (a) immediately refer the case to the prosecutor for inquest/investigation if the accused is detained; otherwise, apply the Rules of Court; (b) arrange counseling and medical services for the offended party; and (c) immediately report on the action taken.
The police officer or examining physician—who must be of the same gender as the offended party—must ensure only persons expressly authorized by the offended party are allowed inside the investigation/medical examination room.
A women’s desk must be established in every police precinct throughout the country to provide a police woman to conduct investigations of complaints of women rape victims.
After police endorsement of all pertinent papers, preliminary investigation proper or inquest of women rape victims must be assigned to female prosecutors.
At any stage of investigation, prosecution, and trial of a rape complaint.
They may order a closed-door investigation, prosecution, or trial when necessary for fair and impartial proceedings and best interest of the parties, ensuring that the name/personal circumstances of the offended party and/or accused, or other identifying information, shall not be disclosed to the public.
The investigating officer or prosecutor shall inform the parties that proceedings can be conducted in a language or dialect known or familiar to them.
Evidence of the complainant’s past sexual conduct, opinion thereof, or reputation is not admissible unless—and only to the extent—the court finds such evidence material and relevant to the case.
It appropriates P120,000,000.00 from the Organizational Adjustment Fund: P60,000,000.00 for DSWD and P20,000,000.00 each for DOH, DILG, and DOJ.
The necessary amount for rape crisis centers shall be included in the agencies’ annual budgetary allocations in the General Appropriations Act.
Within ninety (90) days upon the approval of the Act.
Fifteen (15) days after completion of its publication in at least two newspapers of general circulation.