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Philippine Rape Laws Explained

Rape is considered a serious criminal offense under Philippine law. The Anti-Rape Law of 1997 expanded the legal definition of rape and recognized both the rape of males and females. Rape is punishable by life imprisonment if committed against a woman, and 6 to 12 years imprisonment if committed against a man. The law defines rape as non-consensual sexual acts involving penetration, committed through force, threat, or when the victim is unconscious or underage. Philippine courts also consider the María Clara doctrine, which holds that victims, especially women, would not admit to abuse unless it actually occurred.

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247 views1 page

Philippine Rape Laws Explained

Rape is considered a serious criminal offense under Philippine law. The Anti-Rape Law of 1997 expanded the legal definition of rape and recognized both the rape of males and females. Rape is punishable by life imprisonment if committed against a woman, and 6 to 12 years imprisonment if committed against a man. The law defines rape as non-consensual sexual acts involving penetration, committed through force, threat, or when the victim is unconscious or underage. Philippine courts also consider the María Clara doctrine, which holds that victims, especially women, would not admit to abuse unless it actually occurred.

Uploaded by

ValerieAnnVilleroAlvarezValiente
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Rape in 

the Philippines is considered a criminal offense. In Philippine jurisprudence, it is a heinous crime


punishable by life imprisonment when committed against women. Rape of males is also legally recognized as
rape by sexual assault, which is penalized by imprisonment of six to twelve years.

The Anti-Rape Law of 1997 (which amended the previous definition of rape as defined in the Revised Penal
Code of 1930) defines the crime of rape as follows:

Article 266-A. Rape: When And How Committed. – Rape is committed:

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.[1]
Changes in 1997 expanded the definition of rape and reclassified that crime as a Crime against persons instead
of, as previously, grouping it with Crimes against Chastity.[1] The amendment also recognized the rape of
males, both by other males and by females, as well as that both the victim and rapist may either be male or
female.[2] Prior to the 1997 amendment of Revised Penal Code of 1930, male victims of rape were not
acknowledged under Philippine law. Article 266-A of the law defines rape by "an act of sexual assault" by any
person either 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".The 1997 amendment allowed the legal recognition of
rape of males, both by other males and by females.[2] However rape against males are only considered by law as
rape by sexual assault, which carries a lesser penalty of six to 12 years as opposed to the same act against
females which are penalized by life imprisonment.[3]

The María Clara doctrine is a relevant legal doctrine that observed by Philippine courts on abuse on women,
including rape. It states that women, especially Filipino women, "would not admit that they have been abused
unless that abuse had actually happened."[4] and that a women's natural instinct is to protect their honor.
[5]
 Though in 2018, a ruling which convicted two men for rape of a woman in Davao City was reversed by the
Supreme Court's Third Division due to inconsistencies with the woman's statement in regards to her alleged
rape and other evidences presented to the court.[6] However this did not mean the abandonment of the doctrine
contrary to speculations by critics of the ruling.[4]

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