Law Summary
Definition and Circumstances Constituting Rape (Article 266-A)
- Rape is committed by a man who has carnal knowledge of a woman:
- Through force, threat, or intimidation;
- When the victim is unconscious or deprived of reason;
- Via fraudulent machinations or abuse of authority;
- When the victim is under twelve (12) years old or demented, regardless of other circumstances.
- Rape also includes sexual assault by any person involving:
- Insertion of the penis into another's mouth or anal orifice;
- Insertion of any instrument or object into the genital or anal orifice.
Penalties for Rape (Article 266-B)
- Rape under paragraph 1: punished by reclusion perpetua;
- Use of deadly weapon or multiple offenders: penalty ranges from reclusion perpetua to death;
- Resultant insanity of victim or homicide in connection with rape: penalties range from reclusion perpetua to death;
- Death penalty applied for rape with specified aggravating circumstances including:
- Victim under 18 and offender closely related or guardian;
- Victim in custody of law enforcement or penal institutions;
- Rape committed in presence of victim’s relatives;
- Victim is a known religious person;
- Victim is below seven years old;
- Offender knowingly transmits HIV/AIDS or other STDs;
- Offender is a member of military or law enforcement exploiting position;
- Victim suffers permanent physical mutilation;
- Offender knows victim is pregnant;
- Offender knows victim’s mental/physical disabilities.
- Rape under paragraph 2: punished by prision mayor with increased penalties based on circumstances similar to paragraph 1.
Effect of Pardon and Marriage (Article 266-C)
- Marriage between offender and victim extinguishes the criminal action or penalty.
- In cases where the offender is the legal husband, forgiveness by the wife extinguishes the criminal action or penalty.
- This extinguishment does not apply if the marriage is void from the beginning.
Evidentiary Presumptions (Article 266-D)
- Physical resistance by the victim can be accepted as evidence.
- Incapacity of victim to give valid consent is also a basis for prosecution.
Separability and Repealing Clauses
- If any provision is invalid, the rest of the law remains effective.
- Article 335 of the Revised Penal Code and other inconsistent laws are amended or repealed accordingly.
Effectivity Clause
- The law takes effect 15 days after publication in two newspapers of general circulation.