Law Summary
Establishment and Functions of Rape Crisis Centers
- Key agencies involved: Department of Social Welfare and Development (DSWD), Department of Health (DOH), Department of Interior and Local Government (DILG), Department of Justice (DOJ), and a qualified NGO.
- Rape crisis centers to be located in government hospitals, health clinics, or suitable places.
- Functions include:
- Psychological counseling, medical and health services (including medico-legal exams) for victims.
- Free legal assistance when necessary.
- Assisting victims during investigations to expedite arrest and filing of cases.
- Ensuring victim's privacy and safety.
- Providing counseling and medical services to victim's family.
- Training programs on human rights, gender sensitivity, and legal management for officers and officials.
- Programs for victim recovery.
- The DSWD is the lead agency for these centers.
Police Duties Upon Receiving Rape Complaints
- Immediate referral to prosecutor for inquest if the accused is detained; otherwise rules of court apply.
- Arrangement of counseling and medical services for the victim.
- Immediate reporting of action taken by police officer.
- Investigations and medical examinations must be conducted by persons of the same gender as the victim.
- Establishment of women’s desk in every police precinct staffed by policewomen for handling complaints from women victims.
- Female prosecutors shall handle preliminary investigations or inquest of women rape victims after police endorsement.
Protective Measures During Investigation and Trial
- Right to privacy of both victim and accused must be recognized at all stages.
- Authorities may order closed-door proceedings to ensure fairness and protect privacy.
- Personal information of victim or accused shall not be disclosed publicly.
- Proceedings can be conducted in the language or dialect familiar to the parties involved.
Rape Shield Rule on Admissibility of Evidence
- Evidence regarding complainant's past sexual conduct or reputation is generally inadmissible.
- Such evidence can only be admitted if the court finds it material and relevant to the case.
Appropriations for Implementation
- Initial budget of One Hundred Twenty Million Pesos:
- Sixty million for DSWD
- Twenty million each for DOH, DILG, and DOJ
- Future funding to be included in annual General Appropriations Act.
Implementation and Administrative Provisions
- Agencies must formulate implementing rules within 90 days of Act’s approval.
- Provisions found invalid or unconstitutional do not affect the remainder of the Act.
- Laws inconsistent with this Act shall be amended or repealed.
- The Act takes effect fifteen days after publication in two newspapers of general circulation.