TWO TYPES OF RAPE
1. RAPE THROUGH SEXUAL INTERCOURSE
PENALTY OF RECLUSION PERPETUA 20 YEARS 1 DAY 40 YEARS
ELEMENTS:
1. Offender is a PERSON
RA. 8353 - offender is a MAN
RA. 11648 - offender is a PERSON
2. OFFENDER HAS CARNAL KNOWLEDGE OF ANOTHER PERSON
RA.8353 - by a man who shall carnal knowledge of a woman
RA. 11648 - offended party is ANOTHER PERSON
CARNAL KNOWLEDGE
Sexual intercouse
3. SUCAH ACT ACCOMPLISHED UNDER THE FF. CIRCUMSTANCES
FORCE THREAT & INTIMIDATION
DEPRIVED OF REASON/UNCONSCIOUS/ LASING
FRAUDULENT MACHINATION ABUSED OF AUTHORITY-
FRAUDALENT MACHINATION - USE OF DECEIT TO OBTAIN CONSENT OF THE VICTIM
EX. MAG SEX TAYO TAPOS PAKASALAN KITA
ABUSE OF AUTHORITY - EX. I PROMOTE KITA TO HAVE SEX OR I PAPASA KITA SA SUBJECT KO
UNDER 16 YEARS OLD -STATUTORY RAPE - simple siduction 16 above
NOON 12 YEARS OLD - RA 8353
2. RAPE THROUGH SEXUAL ASSIJALT
ELEMENTS :
1. OFFENDER IS ANY PERSON
PENALTY OF PRISION MAYOR 6 YEARS I DAY 12YEARS CAN AGREVATE BY THE PRESENT
CIRCUMSTANCES
INSERTION OF PENNIS INTO ANOTHER PERSONS MOUTH/ANAL ORIFICE
INSERTION OF ANY OBJECTS /INSTRUMENT INTO ANOTHER PERSON INT GENITAL, ORAL AND
ANAL ORIFICE
- ANY OBJECT IS ANY BODY OR ANY PARTS OF THE BODY BUT NOT THE PENNIS
- TOY
1. QUALIFIED RAPE - THE VICTIM IS UNDER 18 YEARS OLD AND THE OFFENDER IS ASCENDANT STEP
PARENT, GUARDIAN RELATIVE BY CONSAGUINTY OR AFFINITY W/ IN 3 DEGREE OR THE COMIN LAW
SPOUSE OF THE PARENT OF THE VICTIM.
MARITAL RAPE - LEGALY MARRIED
A MAN WHO PENETRATE HIS WIFE WITHOUT HER CONSENT OR AGAINST HER SEXUAL VIOLENCE
NOTE; HUSBAND ARE ONCE AGAIN REMINDED THAT MARRIAGE IS NOT A LICENSE TO FOROBY RARE
THEIR WIVES
A HUSBAND DOES NOT OWN HIS WIVES DODY BY RASON OF MARRIAGE
AUTHORIZED ONLY BY A.M.B
REPUBLIC ACT NO. 8353 ANTI RAPE LAW OF 1997
STATUTORY RAPE - is a RAPE of a WOMAN who is below 12 years of age or is demented (dementia)
This provision of the law was AMENDED by RA. 11648
REPUBLIC ACT NO. 11648
STATUTORY RAPE is a rape of ANY PERSON who is under 16 years of age or is demented.
HOW COMMITTED: WITH DESCERNMENT-
RAPE through sexual intercourse meaning may pang unawa
RAPE by sexual assault sya alam niya ginagawa
niya
EXEMPTION / NO CRIMINAL LIABILTY
1. THE OFFENDER PARTY IS UNDER 16 YEARS OF AGE BUT NOT UNDER 13 YEARS OF AGE
NOTE: UNDER 13 YEARS OLD BELOW IS: STATUTORY RAPE (regardless of any circumstances)
2. THE AGE GAP OF THE OFFENDER AND THE OFFENDED PARTY IS NOT MORE THAN THREE (3)
YEARS.
MAS BATA NG 3 YEARS OR MAS MATANDA NG 3 YEARS ANG OFFENDER
3. THE SEXUAL ACT IN QUESTION IS PROVEN TO BE CONSENSUAL , NON-ABUSIVE,NON-
EXPLOITATIVE.
COSENSUAL - GINUSTO NILANG GAWIN PAREHO ANG SEXUAL ACT
NON-ABUSIVE- means the absence of undue influence, intimidation, fraudulent machinations,
coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with
intention or through neglect, during the conduct of sexual activities with the child victim.
NON-EXPLOITATIVE - means there is no actual or attempted act or acts of unfairly taking
advantage of the child's position of vulnerability, differential power, or trust during the conduct of
sexual activities.
AUTHORIZED ONLY BY A.M.B
ATICLE 335 OF REVISED PENAL CODE
1. IT IS UNDER THE CRIME OF CHASTITY. ( IT CONSIDERED PRIVATE CRIMES)
PRIVATE OFFENCES are those which cannot be prosecuted except upon complaint filed by the the
aggrieved party.
File complaint:
Victim
Parents
Grandparent
Guardian
Incase the victim is a minor
REPUBLIC ACT NO. 8353
1. THE CRIME OF RAPE IS NOW UNDER CRIMES AGAINST PERSON. (NOT PRIVATE CRIME)
FILE COMPLAINT:
ANYONE INCLUDINGTHE STATE CAN INSTITUTE AND PROSECUTE THE ACTION BASTA NA
PROVE ANG EXISTENCE OF THE CRIME OF RAPE
EXAMPLE
2. RAPE CAN ALSO BE COMMITTED BY ANY PERSON AGAINST ANY PERSON
Chloe was rape by his father ayaw
The existence of sexual assault regardless of gender
niya mag testify because kamag
Not limitted to Carnal knowledge but also the insertion of object
anak niya yung offfender.
3. MARITAL RAPE IS RECOGNIZED.
4. MARRIAGE EXTINGUISHES THE PENAL ACTION ONLY AT TO THE PRINCIPLE (ANG PINAKASALAN
NALANG ANG MAY KASO)
REPUBLIC ACT NO. 11648
1. IN RAPE THROUGH SEXUAL INTERCOURSE, THE OFFENDER CAN BE A MAN OR A WOMAN AND
THE OFFENDED PARTY CAN ALSO BE A MAN AND A WOMAN.
2. STATUTORY RAPE:
A. THE VICTIM IS NOW UNDER 16 YEARS OF AGE
B. THE OFFENDED PARTY CAN BE A MAN OR A WOMAN
C. EXISTENCE OF THE EXCEPTION TO THE CRIME OF STATUTORY RAPE
AUTHORIZED ONLY BY A.M.B
AUTHORIZED ONLY BY A.M.B