Anti-Rape Law of 1997 - Expanded Definition and Penalties

Rape is committed by a man who has carnal knowledge of a woman under any of these circumstances:
- Through force, threat, or intimidation.
- When the offended party is deprived of reason or otherwise unconscious.
- By means of fraudulent machination or grave abuse of authority.
- When the offended party is under 12 years old or is demented, regardless of other circumstances.
Also includes any person committing sexual assault by inserting his penis into another person's mouth or anal orifice, or inserting any instrument or object into the genital or anal orifice of another person, under the same qualifying circumstances.

Rape under the first paragraph is punishable by reclusion perpetua (life imprisonment).
If rape involves deadly weapons, multiple assailants, victim's insanity, or homicide during the act, penalties range from reclusion perpetua to death.
Death penalty applies under aggravating conditions including:
- Victim under 18 and offender related by family or guardianship.
- Victim under police, military, or institutional custody.
- Commission in presence of close relatives.
- Victim is a religious person known to the offender.
- Victim is a child below 7 years.
- Offender transmits HIV/AIDS or other STDs to the victim.
- Offender is law enforcement or military abusing position.
- Victim suffers permanent physical mutilation or disability.
- Offender knew victim's pregnancy.
- Offender knew victim's mental, emotional, or physical handicap.
Rape under the second paragraph (involving sexual assault other than carnal knowledge) carries penalties from prision mayor (medium imprisonment) to reclusion temporal (12 years and 1 day to 20 years) depending on circumstances.
Penalties escalate with use of weapons, multiple offenders, resulting insanity, homicide, or qualifying aggravating circumstances.

Valid subsequent marriage between offender and offended extinguishes criminal action and penalties.
If offender is the legal husband, the wife's subsequent forgiveness similarly extinguishes criminal action or penalty.
Forgiveness or marriage does not extinguish crime if the marriage is void from the start.

Any physical overt act showing resistance by the offended party can be accepted as evidence.
Where the offended party's situation renders her incapable of giving valid consent, this may also serve as evidence in prosecution.

Invalidity or unconstitutionality of any provision does not affect the validity of the rest of the Act.

Previous laws inconsistent with this Act, including former Article 335 of the Revised Penal Code, are amended, modified, or repealed.

The Act takes effect 15 days after its publication in two newspapers of general circulation.