Title
Assistance and Protection for Rape Victims
Law
Republic Act No. 8505
Decision Date
Feb 13, 1998
The Rape Victim Assistance and Protection Act of 1998 establishes rape crisis centers, outlines the duties of police officers, and emphasizes the right to privacy for both the victim and the accused, in order to provide comprehensive assistance and protection for rape victims in the Philippines.

Law Summary

Establishment of Rape Crisis Centers

  • Led by DSWD in coordination with DOH, DILG, DOJ, and a lead NGO.
  • Each center located in a government hospital, health clinic, or suitable venue.
  • Functions include:
    • Psychological counseling and medical services including medico-legal exams.
    • Free legal assistance when necessary.
    • Assistance in police investigation and litigation to expedite justice.
    • Ensuring victim privacy and safety.
    • Counseling and medical services for victims' families.
    • Training programs for law enforcement and community officials on handling cases.
    • Implementation of recovery programs for victims.

Duties of Police Officers

  • Prompt referral of cases to prosecutors if accused is detained.
  • Facilitation of counseling and medical care for victims.
  • Immediate reporting of actions taken.
  • Ensuring privacy by restricting room access during investigation and examination to authorized persons only.
  • Establishment of women’s desks in police precincts for female investigators.
  • Assignment of female prosecutors for handling women rape victim cases.

Protective Measures in Proceedings

  • Respect for privacy of both victims and accused throughout investigation and trial.
  • Court and responsible officials may order closed-door sessions to ensure fairness and privacy.
  • Prohibition on public disclosure of identities and sensitive information.
  • Proceedings may be conducted in a language or dialect familiar to the parties.

Rape Shield Rule

  • Exclusion of evidence related to complainant's past sexual conduct or reputation unless material and relevant.
  • Limits the admissibility to protect victim's dignity and privacy.

Funding and Appropriations

  • 120 million pesos allocated for the first year from the Organizational Adjustment Fund:
    • 60 million pesos for DSWD.
    • 20 million pesos each for DOH, DILG, and DOJ.
  • Future funding to be included in agencies' regular budgets.

Implementation and Enforcement

  • Agencies required to establish implementing rules and regulations within 90 days.

Legal Provisions

  • Separability clause ensures remaining provisions remain in force if any part is invalidated.
  • Repealing clause annuls conflicting laws, orders, and regulations.
  • Effectivity starts 15 days after publication in two newspapers of general circulation.

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