Assistance and Protection for Rape Victims

Section 2 declares State policy to provide necessary assistance and protection for rape victims.
Section 2 requires government coordination with various agencies and nongovernment organizations to establish and operate rape crisis centers in every province and city.
Section 2 directs that the coordinated work shall assist and protect rape victims in (1) litigation of cases and (2) recovery.

Section 3 requires the Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of the Interior and Local Government (DILG), the Department of Justice (DOJ), and a lead nongovernment organization (NGO) with a proven track record or experience in handling sexual abuse cases to establish a rape crisis center in every province and city.
Section 3 provides that each rape crisis center must be located in a government hospital or health clinic or in any other suitable place.
Section 3 makes DSWD the lead agency in the establishment and operation of the rape crisis centers.
Section 3 sets the center’s functions to include both direct services and case support, including training and recovery programs.

Section 3(a) requires rape crisis centers to provide rape victims psychological counselling, medical and health services, including medico-legal examination.
Section 3(b) requires rape crisis centers to secure free legal assistance or service for rape victims when necessary.
Section 3(c) requires rape crisis centers to assist rape victims in investigation to hasten the arrest of offenders and the filing of cases in court.
Section 3(d) requires rape crisis centers to ensure the privacy and safety of rape victims.
Section 3(e) requires rape crisis centers to provide psychological counselling and medical services whenever necessary for the family of the rape victims.
Section 3(f) requires rape crisis centers to develop and undertake a training program for law enforcement officers, public prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on:
- human rights and responsibilities;
- gender sensitivity and legal management of rape cases.
Section 3(g) requires rape crisis centers to adopt and implement programs for the recovery of rape victims.

Section 4 requires that upon receipt by the police of a complaint for rape, the duty of the police officer includes immediate action after the complaint is received.
Section 4(a) requires the police officer to immediately refer the case to the prosecutor for inquest/investigation if the accused is detained; otherwise, the rules of court apply.
Section 4(b) requires the police officer to arrange for counselling and medical services for the offended party.
Section 4(c) requires the police officer to immediately make a report on the action taken.
Section 4 requires the police officer or the examining physician—who must be of the same gender as the offended party—to ensure that only persons expressly authorized by the offended party are allowed inside the room where the investigation or medical or physical examination is being conducted.
Section 4 mandates establishment of a women’s desk in every police precinct throughout the country to provide a police woman to conduct investigation of complaints of women rape victims.
Section 4 mandates that preliminary investigation proper or inquest of women rape victims be assigned to female prosecutor or prosecutors after the police endorse all pertinent papers to the same office.

Section 5 requires that at any stage of the investigation, prosecution, and trial of a rape complaint, the police officer, prosecutor, court and its officers, and the parties must recognize the right to privacy of both the offended party and the accused.
Section 5 allows the police officer, prosecutor, or the court to whom the complaint has been referred to order a closed-door investigation, prosecution or trial whenever necessary to ensure fair and impartial proceedings and after considering all circumstances for the best interest of the parties.
Section 5 provides that the name and personal circumstances of the offended party and/or the accused, and any other information tending to establish identities, and such circumstances or information on the complaint shall not be disclosed to the public.
Section 5 requires the investigating officer or prosecutor to inform the parties that the proceedings can be conducted in a language or dialect known or familiar to them.

Section 6 prohibits admission in prosecutions for rape of evidence of the complainant’s past sexual conduct.
Section 6 prohibits admission of evidence that is an opinion of the complainant’s past sexual conduct or the complainant’s reputation.
Section 6 allows such evidence only if, and only to the extent that, the court finds it material and relevant to the case.

Section 7 provides that for the establishment and operation of rape crisis centers during the first year of implementation of Republic Act No. 8505, PHP 120,000,000.00 shall be charged against the Organizational Adjustment Fund.
Section 7 allocates PHP 60,000,000.00 for the DSWD.
Section 7 allocates PHP 20,000,000.00 each for the DOH, DILG, and DOJ.
Section 7 requires that thereafter the necessary amount for the rape crisis centers be included in the agencies’ annual General Appropriations Act budgetary allocations.

Section 8 requires all concerned agencies to formulate rules and regulations for proper implementation within ninety (90) days upon the approval of Republic Act No. 8505.
Section 9 provides a separability clause: if any part, section, or provision is declared invalid or unconstitutional, the remaining parts not affected remain valid.
Section 10 provides that all laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to Republic Act No. 8505 are deemed amended, modified, or repealed accordingly.