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 rape crisis centers in every province and city, authorizes appropriations, and sets duties and protective measures for concerned agencies.
To provide necessary assistance and protection for rape victims by coordinating government agencies and NGOs for the establishment and operation of rape crisis centers in every province and city to assist and protect rape victims in litigation and recovery.
DSWD, DOH, DILG, DOJ, and a lead NGO with proven track record or experience in handling sexual abuse cases.
The DSWD (Department of Social Welfare and Development).
Examples include: (a) psychological counseling and medical/health services including medico-legal examination; (b) securing free legal assistance/service when necessary; (c) assisting rape victims in investigation to hasten arrest and filing of cases; (d) ensuring privacy and safety; (f) training programs for law enforcement, prosecutors, lawyers, medico-legal officers, social workers, and barangay officials; and/or (g) adopting recovery programs.
The police must: (a) immediately refer the case to the prosecutor for inquest/investigation if the accused is detained, otherwise follow the Rules of Court; (b) arrange counseling and medical services for the offended party; and (c) immediately make a report on action taken.
It provides that the police officer or examining physician—who must be of the same gender as the offended party—must ensure that only persons expressly authorized by the offended party are allowed inside the room where investigation or medical/physical examination is conducted.
A women’s desk must be established in every police precinct throughout the country to provide a police woman to conduct investigation of complaints of women rape victims.
It requires that preliminary investigation proper or inquest of women rape victims must be assigned to female prosecutor(s) after police endorsement of pertinent papers to the same office.
Police, prosecutors, courts, and officers/parties must recognize the right to privacy of the offended party and accused. The investigating officer/prosecutor/court may order a closed-door investigation, prosecution, or trial when necessary for fair and impartial proceedings and best interest of the parties, and must prevent disclosure of the name and personal circumstances (or other identity-tending information) of the offended party and/or accused to the public.
The investigating officer or prosecutor must inform the parties that proceedings can be conducted in a language or dialect known or familiar to them.
In prosecutions for rape, evidence of the complainant’s past sexual conduct, opinion thereof, or reputation is not admissible unless—and only to the extent that the court finds—it is material and relevant to the case.
P120,000,000.00 charged against the Organizational Adjustment Fund: P60,000,000 for DSWD and P20,000,000 each for DOH, DILG, and DOJ.
The necessary amount shall be included in the agencies’ budgetary allocations in the annual General Appropriations Act.
Within ninety (90) days upon the approval of RA 8505.
Yes. The separability clause (Section 9) keeps remaining parts valid if one part is declared invalid. The repealing clause (Section 10) deems inconsistent laws, acts, presidential decrees, executive orders, administrative orders, and rules/regulations amended, modified, or repealed accordingly.
Fifteen (15) days after completion of publication in at least two (2) newspapers of general circulation.