Question & AnswerQ&A (Republic Act No. 8505)
Republic Act No. 8505 is officially titled the "Rape Victim Assistance and Protection Act of 1998."
The policy of the State under RA 8505 is to provide necessary assistance and protection for rape victims through the coordination of government agencies and NGOs for the establishment and operation of 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 proven experience in handling sexual abuse cases are responsible for establishing the rape crisis centers.
Rape crisis centers should be located in a government hospital, health clinic, or any other suitable place in every province and city.
The centers provide psychological counseling, medical and health services including medico-legal exams, free legal assistance, help in investigations, safety and privacy for victims, counseling services for families, training programs for law enforcement and officials, and recovery programs for rape victims.
The Department of Social Welfare and Development (DSWD) is the lead agency for the establishment and operation of the rape crisis centers.
Police officers must immediately refer the case to the prosecutor if the accused is detained, arrange for counseling and medical services for the victim, and make a report on actions taken. They must also ensure that only authorized persons are present during investigation or examination and establish a women's desk handled by female officers for complaints of women rape victims.
The law mandates recognition of the right to privacy of the offended party and accused, allows for closed-door proceedings, prohibits public disclosure of identities and personal information, and ensures proceedings are conducted in a language or dialect familiar to the parties.
The Rape Shield prohibits the admission of evidence regarding the complainant's past sexual conduct, opinions thereof, or reputation unless the court finds such evidence material and relevant to the case.
An initial amount of One hundred twenty million pesos (P120,000,000.00) is appropriated charged against the Organizational Adjustment Fund, distributed as Sixty million pesos for DSWD and Twenty million pesos each for DOH, DILG, and DOJ. Subsequent funding shall be included in the annual General Appropriations Act.