When and how rape is committed?

[In 1997], Congress enacted Republic Act No. 8353, the Anti-Rape law of 1997…  The Revised Penal Code is now amended to read as follows:

Article 266-A.  Rape; When and How Committed. – Rape is committed –

1.  By a man who 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. (Emphasis supplied.)

Indicative of the continuing state policy towards rape, the Anti-Rape Law of 1997 now classifies the crime as an offense against persons.  Any public prosecutor, not necessarily the victim or her parents, can prosecute the case.


About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Criminal Law, Rape and tagged . Bookmark the permalink.

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