Anti-Rape Law
Republic Act. 8353
PRESENTED BY:
KRISTINE HANZEL C. CUETO
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Rape has always been a gravely intolerable act in our society.
Amended on September 30, 1997.
Punishable by Reclusion Temporal to Reclusion Perpetua
Effects of pardon.
INTRODUCTION
OVERVIEW OF RA 8353
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RAPE – WHEN AND HOW COMMITTED
ARTICLE 266-A – RA 8353
• "1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise unconscious;
"c) By means of fraudulent machination or grave abuse of authority; and
"d) When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above be present.
• "2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an
act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument
or object, into the genital or anal orifice of another person.
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CIRCUMSTANCES PUNISHED BY DEATH PENALTY
ARTICLE 266-B – RA 8353
• Whenever the crime of rape is committed with the use of a deadly weapon or by
two or more persons.
• When by reason or on the occasion of the rape, the victim has become insane.
• When the rape is attempted or frustrated and a homicide is committed by reason
or on the occasion.
• When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law-spouse of the parent of the victim.
• When the victim is under the custody of the police or military authorities.
• When the rape is committed in full view of the husband, parent, any of the children
or other relatives within the third degree of consanguinity.
• When the victim is a religious or a child below seven (7) years old.
• When the offender knows that he is afflicted with Acquired Immune Deficiency
Syndrome (AIDS) disease.
• When committed by any member of the Armed Forces of the Philippines or the
Philippine National Police or any law enforcement agency.
• When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation.
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EFFECTS OF PARDON
ARTICLE 266-C – RA 8353
• It is ruled that the subsequent valid marriage
between the offended parties shall eliminate the
criminal action or the penalty imposed.
• In the event that the legal husband is the offender,
the authentic forgiveness emanated by the wife as
the offended party shall deter the criminal action
or the penalty: Provided that the crime shall not
be extinguished or the penalty shall not be abated
if the marriage is void from the start.
• In addition to this, any physical overt act
manifesting resistance against the act of rape in
any degree from the offended party, or where the
offended party is so situated as to render the
incapacity of giving valid consent, may be
accepted as evidence in the prosecution of the
acts.
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• The PNP logged 83 rape cases across the country
from Jan. 1 to 7, up 7.79 percent from 77 recorded in
Dec. 25 to 31.
• Most of these cases were committed by suspects
under the influence of liquor and mainly neighbors
and online friends.
• “Most of the relationships of victims with the
suspects are neighbors and online friends,” the PNP
said.
• Victims were raped in houses and condominiums
and forced, threatened, and intimidated.
• “There was a shift on modes of commission from
victims being deprived of reason, to force, threat,
and intimidation mostly in residential (house and
condominium units) areas,” the PNP said.
• Most of the rape cases happened in Metro Manila,
Central Luzon, and Calabarzon (Cavite, Laguna,
Batangas, Rizal, and Quezon) areas.
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RAPE IS A CRIME, NEVER A
WOMAN’S FAULT
REFERENCES
https://lawphil.net/statutes/repacts/ra1997/ra_8353_1997.html
https://mb.com.ph/2021/01/11/rape-homicide-cases-up-pnp/
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