Question & AnswerQ&A (Republic Act No. 8353)
The short title is "The Anti-Rape Law of 1997."
Rape is classified as a Crime Against Persons under Title Eight of the Revised Penal Code.
Rape is committed: 1) By a man who has carnal knowledge of a woman through force, threat, intimidation, when the offended party is deprived of reason or unconscious, by fraudulent machination or grave abuse of authority, or if the offended party is under 12 years of age or demented. 2) By any person who commits 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, under the same circumstances.
Rape under paragraph 1 is punished by reclusion perpetua. If committed with a deadly weapon or by more than one person, or causing insanity, attempted rape with homicide, or homicide committed by reason of rape, the penalty ranges from reclusion perpetua to death.
Aggravating circumstances include the victim being under 18 and offender being a relative or guardian, victim under custody of law enforcement, rape committed in full view of relatives, victim is a religious person known to offender, victim below 7 years old, offender having HIV/AIDS and transmitting it, offender being a member of armed forces or law enforcement taking advantage of position, permanent physical mutilation, known pregnancy, and known mental or physical disability of the victim.
Rape under paragraph 2 is punished by prision mayor. Use of deadly weapon or multiple offenders elevates penalty to prision mayor to reclusion temporal. Insanity of victim results in reclusion temporal. Attempted rape with homicide results in reclusion temporal to reclusion perpetua, and homicide by reason of rape is reclusion perpetua.
A subsequent valid marriage between the offender and the offended party extinguishes the criminal action or penalty. If the offender is the legal husband, his wife's forgiveness also extinguishes the criminal action or penalty, provided the marriage is not void ab initio.
Any physical overt act manifesting resistance from the offended party, or where the party is incapable of valid consent, may be accepted as evidence in prosecution under Article 266-A.
If any part of the Act is declared invalid or unconstitutional, other unaffected parts shall remain valid.
Article 335 of Act No. 3815 and all inconsistent laws, acts, decrees, orders, rules, and regulations are amended, modified, or repealed accordingly.
It took effect fifteen days after publication in two newspapers of general circulation.