ANTI-RAPE LAW
NAME
• Republic Act No. 8353 “The
Anti-rape Law” Of 1997
DESCRIPTION
• REPUBLIC ACT NO. 8353
- AN ACT EXPANDING THE DEFINITION OF THE
CRIME OF RAPE, RECLASSIFYING THE SAME
AS A CRIME AGAINST PERSONS, AMENDING
FOR THE PURPOSE ACT NO. 3815 AS
AMENDED OTHERWISE KNOWN AS THE
REVISED PENAL CODE AND FOR OTHER
PURPOSES.
WHAT IS RAPE?
• RAPE violates a woman’s well being
and not just her virginity or purity. The
law considers that any woman,
whether a prostituted woman, non-
virgin or one who has active sexual life
may be victimized by rape.
2 WAYS OF COMMITTING RAPE
1. RAPE THROUGH SEXUAL ASSAULT
a) By inserting one’s penis into another
person’s mouth or anus.
b) By inserting any instrument or object into
another person’s genital or anus.
2 WAYS OF COMMITTING RAPE
2. RAPE THROUGH SEXUAL
INTERCOURSE
c) By means of fraudulent
a) Through force,
machination or grave abuse
threat, or intimidation
of authority and
b) When the offended
d) When the offended party
party is deprive of reason or
is under (12) years of age
otherwise unconscious
or is demented
RULES AND REGULATIONS & PROVISIONS
SEC 2. Rape as a Crime Against Persons. – The crime of
rape shall hereafter be classified as a Crime Against Persons
under Title Eight of Act No. 3815, as amended, otherwise
known as the Revised Penal Code. Accordingly, there shall
be incorporated into Title Eight of the same Code a new
chapter to be known as Chapter Three on Rape.
SEC. 3. Separability Clause. – If any part, Sec., or provision
of this Act is declared invalid or unconstitutional, the other
parts thereof not affected thereby shall remain valid.
SEC. 4. Repealing Clause. – Article 336 of Act No. 3815,
as amended, and all laws, acts, presidential decrees,
executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions
of this Act are deemed amended, modified or repealed
accordingly.
SEC. 5. Effectivity. – This Act shall take effect fifteen (15)
days after completion of its publication in two (2)
newspapers of general circulation.
PENALTIES
THE PENALTY OF RAPE VARIES DEPENDING ON
HOW IT WAS COMMITTED AND CIRCUMSTANCES
SURROUNDING IT.
1. RECLUSION PERPETUA
- imprisonment from 20-40 years
- imposed on the offender if rape is committed through
sexual intercourse
Reclusion Perpetua.
- "Whenever the rape is committed with the use of a deadly weapon
or by two or more persons, the penalty shall be reclusion Perpetua to
death.”
- "When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall become reclusion Perpetua to
death.”
- "When the rape is attempted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be reclusion
Perpetua to death.”
- "When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be death.”
-"Whenever the rape is committed with the use of
2. a) PRISION MAYOR
a deadly weapon or by two or more persons, the
- imprisonment from 6 to penalty shall be prision mayor to reclusion
12 years temporal.”
- imposed on the
offender if rape was -"When by reason or on the occasion of the rape,
committed through oral the victim has become insane, the penalty shall
or anal sex through the be reclusion temporal.
any use of object or
instrument that was -"When the rape is attempted and a homicide is
inserted into the mouth
committed by reason or on the occasion thereof,
or anal orifice of the
the penalty shall be reclusion temporal to
woman or the man
reclusion Perpetua.”
2. b) RECLUSION
TEMPORAL -"When by reason or on the occasion of the rape,
- imprisonment from homicide is committed, the penalty shall be
12 to 20 years reclusion Perpetua.”
depending on the
circumstances -"Reclusion temporal shall be imposed if the rape
surrounding the crime is committed with any of the ten aggravating/
qualifying circumstances mentioned in this
article.”
“Rape is the only crime in
which the victim becomes the
accused.”- Freda Adler
That's all !!
THANKS