SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

SEXUAL ASSAULT
FRSCSI1 INVESTIGATION

GLADYS MARCELO
PHOEBE ARUD
KARLA CAYASFON

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 Introduction to Sexual Assault
Under RA 9262 or the Anti-Violence Against Women and Their Children Act of 2004, Violence has been
classified as:
a) Physical Violence
b) Psychological Violence
c) Economic Abuse
d) Sexual Violence

SEXUAL VIOLENCE:
 any act of sexual nature like:
• Rape, sexual harassment, acts of lasciviousness,
• Treating a woman or her child as a sex object,
• Making demeaning and sexually suggestive remarks,
• Physically attacking the sexual parts of the victim’s body,
• Forcing him or her to watch obscene publications and indecent shows
• Or forcing the woman or the child to do indecent acts or to make films thereof,
• Forcing the wife and mistress/lover to live in the conjugal home or to sleep together in the same
room with the abuser.
• Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or other harm or coercion;
• Prostituting the woman or her child.

Sexual Assaults - any type of forced or coerced sexual contact or behavior that happens without consent. Sexual
assaults include rape and attempted rape, child molestation, and sexual harassment or threats

Consent - a clear “yes” to sexual activity. Not saying “no” does not mean you have given consent.

Consent Means:
• One knows and understands what is going on (the person is not unconscious or blacked out or
intellectually disabled).
• One knows what she/he wanted to do
• One is able to say what she/he wanted to do
• One is sober (not under the influence of alcohol or drugs).

There is NO Legal Consent IF a person is:

• Threatened, forced, coerced, or manipulated into agreeing to engage in a sexual activity
• Not physically able to engage in a sexual activity (when one is drunk, high, drugged, passed out, or asleep)
• Not mentally able to give consent (due to illness or disability)
• Younger than 12 years old (in the Philippines)

Age of Consent in the Philippines:

• 16 years of age and above by virtue of RA 11648

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PREVALENCE

Global estimates published by WHO (2021) indicate that about 1 in 3 (30%) women worldwide have been
subjected to either physical and/or sexual intimate partner violence or non-partner sexual violence in their
lifetime. Worldwide, almost one third (27%) of women aged 15-49 years who have been in a relationship report
that they have been subjected to some form of physical and/or sexual violence by their intimate partner. The
prevalence estimates of lifetime intimate partner violence range from 20% in the Western Pacific, 22% in high-
income countries and Europe and 25% in the WHO Regions of the Americas to 33% in the WHO African region,
31% in the WHO Eastern Mediterranean region, and 33% in the WHO South - East Asia [Link] only 6%
of women report having been sexually assaulted other than a partner.

In the first three months of 2016, most of the children were victims of sexual abuse, with 539 cases…
([Link]

Understanding the Nature of Sexual Deviancy

Deviancy – the state of deviating away from the standard / norm
Sexual Deviancy – deviation from the “normal” sexual acts
- This concept refers to behaviors that involve individuals seeking erotic gratification through means that
are considered odd, different, or unacceptable to either most or influential persons in one's community. Sexual
deviance includes behaviors that are deemed to be violations of all degrees of social norms. (Blackwell
Encyclopedia of Sociology Online)

What is “Normal” Sex?

- What is normal to one person may be quite offensive or even bizarre to another. Even as one ages from
adolescence to older adulthood, private sexual standards may change

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Sexual Standards Defining “Normal” Sex (Holmes, T.S. & Holmes, R.M., 2009)
1. STATISTICAL STANDARD
• Defining criterion are the numbers
• If more than 50% of the population practice a certain sexual behavior, it is then considered normal;
• Validates normalcy for a person / group of persons who practice that particular sexual act;
• Can be dangerous; it can define lawbreaking as normal.

2. CULTURAL STANDARD
• Based on the set normal rules and regulations with changing sanctions that accommodate transgression
of its rule, which often take the form of laws, statutes, and ordinances;
• The concept of what behavior is appropriate and what behavior is deviant is relative; it depends on the
norms of the society at a specific time.

3. RELIGIOUS NORMALCY
• Sexual acts are based on the commandments of the faith as to what act is wrong or right, son or not;
• Traditional Sexual Philosophy:
 Sex is something that is a duty of one spouse for the other, not to be enjoyed but
endured;
 Sexual acts belong to those who are legally and spiritually married and done only under
specific condition.

4. SUBJECTIVE STANDARD

• Legitimizes behavior in the same fashion as the other standards, but at a personal level;
• This involves how a person personally rationalizes the act.
• A person must feel that what he/she is doing is not only normal, but “really not that bad”

***THEREFORE, “normal” sex depends on what standard/s will a person base his/her perception of normalcy.

ELEMENTS OF SEXUAL BEHAVIOR

1. Fantasy

• Ranges from simple to complex or it may be escalating

2. Symbolism

• Fetish – inanimate object to which one has attached sexual feelings

• Partialism – isolated part of the body which sexual feelings had been attached (e.g. breasts, legs,
buttocks)

3. Ritualism

• Sex offenders are ritualistic in their sexual predation as others who are sexually active.
• May increase to the point of addiction.
• Sexual acts have to be performed in the same fashion and often in the same sequence; If not done as
“script provides”, the act has to be either abandoned or restarted.
• Some serial sex offenders, rapists or child molesters, for example, may force their victims to repeat those
same certain phrases or even call them by a different name which may be the offender’s mother’s, wife’s
or girlfriend’s name.

4. Compulsion

• The compulsive feelings well up inside the serial sex offender and launch him into action

COMBINING THE ELEMENTS

***It is true that all normally sexually active persons have the four elements described above. What differentiates
these elements in perverse sexual practices? This is a difficult question to address properly. The following
scenarios are certainly indicative that the sex involved is not typical, normal sexual functioning:

• When an individual is sexual only when a certain fetish or partialism is present

• When compulsivity is so overwhelmingly potent that emotions and caring for the partner is missing
• When certain scripts must be followed, and any deviation from them is fatal to sexual functioning.

The combination of the elements provides it with a framework for our own behavior as well as a subjective
method for the legitimizing of behavior, including sexual behaviors and lifestyles.

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 Risk Factors for Sexual Violence
Factors associated with intimate partner and sexual violence occur at individual, family, community and
wider society levels. Some factors are associated with being a perpetrator of violence, some are associated with
experiencing violence and some are associated with both.

Risk factors for both intimate partner and sexual violence include:
• lower levels of education (perpetration of sexual violence and experience of sexual violence);
• exposure to child maltreatment (perpetration and experience);
• witnessing family violence (perpetration and experience);
• antisocial personality disorder (perpetration);
• harmful use of alcohol (perpetration and experience);
• having multiple partners or suspected by their partners of infidelity (perpetration); and
• attitudes that are accepting of violence and gender inequality (perpetration and experience).

Factors specifically associated with intimate partner violence include:

• past history of violence;
• marital discord and dissatisfaction;
• difficulties in communicating between partners.

Factors specifically associated with sexual violence perpetration include:

• beliefs in family honour and sexual purity
• ideologies of male sexual entitlement and
• weak legal sanctions for sexual violence.

The unequal position of women relative to men and the normative use of violence to resolve conflict are strongly
associated with both intimate partner violence and non-partner sexual violence.

COMMON PROFILES OF SEXUAL ASSAULT VICTIMS

Most people believe they will never be a victim of a violent crime, and most of them are correct.
Trying to understand the etiology of victims of sexual assault is a difficult task because of the variety of
victims and the lack of common traits or characteristics. Understanding why an offender chooses one victim over
another requires us to examine the mind of perpetrators themselves.

Some Victims are Chosen Because of:

• The offender’s perception that the risk was low
• The vulnerability of the victim
• The availability of the victim

NOTE: Some victims contribute to their own victimization by their behavior. This is not meant to excuse the
victimizer, but only to explain why some people are multiple victims while others are never or seldom victimized.

Victim-Offender Relationship: In most cases of sexual assaults, the perpetrator is known to the victim. Only few
cases are perpetrated by strangers.

In cases of sexual assaults committed by a stranger, the victim is usually “at the wrong place and at the wrong
time”.

Researches on sexual violence indicate that :

(Based on the National Institute of Justice Website @ [Link]

violence/Pages/[Link])

1. Sexual violence may occur in any type of relationship, but most perpetrators of sexual assault are
known to their victims.
- Among victims ages 18 to 29, two-thirds had a prior relationship with the offender.
- A study of sexual victimization of college women showed that 9 out of 10 victims knew the person who
sexually victimized them.
- One research project found that 34 percent of women surveyed were victims of sexual coercion by a
husband or intimate partner in their lifetime.

2. Women are more likely to be victims of sexual violence than are men.
The National Violence Against Women Survey (NVAWS) sampled 8,000 women and 8,000 men and
found that 1 in 6 women (17 percent) and 1 in 33 men (3 percent) reported experiencing an attempted or
completed rape at some time in their lives.

Women are significantly more likely than men to be injured during an assault. In one NIJ-funded study,
31.5 percent of female rape victims, compared with 16.1 percent of male rape victims, reported being injured
during their most recent rape.
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3. Sexual violence may begin early in life. Researchers also found that among female rape victims surveyed,
more than half (54 percent) were younger than age 18; 32.4 percent were ages 12–17; and 21.6 percent were
younger than age 12 at time of victimization.

4. Early abuse and later victimization. Although child sexual abuse before age 13 is not by itself a risk factor for
adult sexual victimization or domestic violence, girls who were victimized before turning 12 and then again as
adolescents (ages 13–17) were at much greater risk of both types of victimization as adults than any other
women.

*** Sexual assault in intimate partner relationships.

- The few studies that measure sexual assault separately from physical assault within intimate partner
relationships report that 40 to 50 percent of battered women are also sexually assaulted by their partners.
In another study, researchers found that 68 percent of physically abused women reported that their
partners sexually assaulted them.

ETIOLOGY OF SEXUALLY DEVIANT BEHAVIOR

In order to begin to tap the base reason or theoretical underpinnings why sex offenders behave the way
they do, there is a need to take a wide view of the issue of sexual offenders and their motivations.
The following are the basic theories and principles that psychiatrists, sociologists, and criminologists all
accept as important in the development of children and adults and how developmental events may cause an
individual to deviate from socially accepted norms of expressing themselves sexually:

1. Social Learning Theory

• Proposes that individuals learn criminal acts and deeds and acquire motivations to commit crime from
those things and people around them.
• “Crime is learned thru experiences and people involved in those experiences.”
• There may be differences in individuals and their cognitive skills but individuals themselves make choices
to engage in illicit activities and are able to calculate both the costs and benefits of their earthly deeds
(Samuel, 1981).
• A person who engages in a sex crime does it because of an express interest in gaining something
(power, control, and sexual pleasure, etc) rather than some innate desire gone haywire (Rotter, 1972)
• According to this model, there are three phases in which violent antisocial behavior is learned in
interaction with an individual’s environment:

a) The Acquisition Phase –The individual begins to assimilate into his or her personality
characteristics of others by the process of observational learning.

- Individuals learn who they are and how they should behave by checking their innate impulses
and comparing them with others in their environment

- According to Bandura (1986) this stage is a passive one in which the individual accumulates a
wealth of information without actually participating in either social forbidden or socially acceptable
acts.

b) Instigation Mechanism - factors that propel an individual into action

- The factors believed to instigate violent or aggressive behavior include biological and cognitive
motivations.

- The instigation mechanism for aggression is learned and comes not from an innate drive to
inflict pain but rather from learned mechanisms of behavior through which the individual is
seeking to medicate him- or herself after an internal or external traumatic experience.

c) Maintaining Mechanisms - They form the process by which inappropriate or aggressive

tendencies are kept in the personal repertoire of individuals.

- It allows individuals to scan their environment and mentally check and see what behaviors work
not only for themselves but for others to achieve their desired ends. Therefore, it is being
considered as the defining elements of an individual’s decision to engage in violent or criminal
behavior.

Steps Involved in the Observational Learning and Modeling Process:

a) Attention: In order to learn, you need to be paying attention. Anything that detracts your attention
is going to have a negative effect on observational learning. If the model interesting or there is a
novel aspect to the situation, you are far more likely to dedicate your full attention to learning.

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 b) Retention: The ability to store information and is important part of the learning process.
Retention can be affected by a number of factors, but the ability to pull up information later and
act on it is vital to observational learning.

c) Reproduction: Once you have paid attention to the model and retained the information, it is time
to actually perform the behavior you observed. Further practice of the learned behavior leads to
improvement and skill advancement.

d) Motivation: Finally, in order for observational learning to be successful, you have to be motivated
to imitate the behavior that has been modeled. Reinforcement and punishment play an important
role in motivation. While experiencing these motivators can be highly effective, so can observing
other experience some type of reinforcement or punishment.

2. Psychodynamic Theories
- Psychological theories of crime suggest that some offenses may be caused by mental factors or
conflicts. .... ( Blackwell Encyclopedia of Sociology Online)

Psychoanalytic Perspectives

• Established by Sigmund Freud

• Assumed that all people are born with innate drives to fulfill their wishes and urges. These drives include
the motivation to eat, sleep and engage in sexual behavior to satisfy themselves and populate the
species.
• Freud argued that sexual deviations were the consequences of childhood deprivation, and developmental
fixation. These fixations are sexual in nature, and included oedipal conflicts, castration anxiety, and penis
envy.

Oedipal Conflict- could develop during the phallic stage (primary focus of the libido is on the genitals) of
development, and is characterized by competition between father and son for the mother’s affection.

• Castration Anxiety and Penis Envy results from boys and girls discovering the differences in their
genitalia.

• Freud’s Psychoanalytic theory explains the interaction of the three elements of the human psyche: the id,
the ego, and the superego.

Id (pleasure principle)- basis of desire, seeks instant gratification.

Ego (reality principle)- mediator of id and superego

Superego(conscience)- responsible for decisions based on past experiences of rewards and

punishments
• Therefore, psychodynamic theories posit that sex offenders at some point in life have experienced a
fissure in their personality and psychosocial development and that the offender does not truly understand
why he/she desires or engages in these socially, and often legally prohibited acts (Abrahamsen, 1952;
Roche, 1958).

3. Biological Theories

• In this theory, it is believed that the acts of violence are due to abnormal hormonal levels produced in the
body.
• Usually pertains to rape or sexual assault of adults rather than child sexual abuse, because rape is
considered an act of violence and there has been a postulated correlation between aggression and high
levels of testosterone (Money,1970;Rada,Laws, and Kellner,1976)
• Rarely linked to child sexual abuse.
• The primary focus of biological explanations of aggressive sexual behavior is the role of androgens and
androgen-releasing hormones in males, because of this androgenic process, the level of testosterone in
the testes increase dramatically in males, sex drives also increases. As such, there is an implicit belief
that testosterone is the primary biological factor responsible for sexual drive in males.
• However, no particular study really shows a direct link of sexually deviant behavior to that of hormonal
activities within the human body.

4. Feminist Theories

• Focuses primarily on rape; specifically, they center around the motivation of men to commit acts of sexual
violence against women.

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 • Emerged in the late1960’s when female victims were persecuted as much as the male offenders in cases
of sexual violence
• Sexual assault is systematic to a patriarchal society of conditioned male supremacy ( Brownmiller, 1970)
• Sexual gratification is not considered by most feminists to be primary motive for rape. Rather, rape is
used as just one other tool to dominate and control women who are considered relatively powerless
compared to men. (Allison and Wrightsman,1993; Brownmiller,1975; Burt,1980;Darke,1990;Ellis,1989)
• Rape is seen to be the consequence of deep-rooted social traditions of male dominance and female
exploitation. (Ward,1995)
• Feminist theory tends to view rape as a cultural rather than as an individual problem, wherein sexual
violence is said to represent an extension of attitudes and practices surrounding male-female relations in
a male-dominated culture. ( Darke,1990 )
• Child molesters tend to be narcissistic and selfish, considering their own desires and ignoring potential
harm caused by their own actions. ( Hanson et al.,1994 )

4. Attachment Theories

• Humans have a natural propensity to form emotional bonds to others, and that models of bonding in
infancy provide a framework for understanding attachment patterns in adulthood.
• The models of attachment explain the individual’s self-concept as positive or negative, depending on the
degree to which they believe they deserve to be loved. ( Bartholomew,1990 )
• Individuals who have poor emotional attachments are more likely to commit a sexual offense than those
with strong emotional attachments to others, it is shown that men who sexually abuse children have poor
social skills and little self-confidence, and thus they have difficulty in forming intimate relationships with
agemates. ( Marshall,1989 )
• It is the period of adolescence that is most critical in the development of sexuality and social competence.
( Marshall and Barbaree,1990 )
• Accordingly there are four categories of attachment styles: secure, preoccupied, fearful, and dismissing.

a) Secure Attachment- has positive concept of himself and others, and as a result is able to make
friends and have age-appropriate relationships.
b) Preoccupied Attachment- has poor self-esteem and low, but does have a positive attitude towards
self-confidenced others and often needs their assistance to deal with personal matters.
c) Fearful Attachment- poor self-concept and a poor concept of others, thus often blaming himself for
his problem but being frightened to talk to others about these problems.
d) Dismissing Attachment- has both positive self-concept and a high level of self-confidence, yet he
has a negative concept of others and does not seek out help or support.

5. Cognitive-Behavioral Theories

• Cognitive-Behavioral Theories were developed in an effort to build on the foundation of behavioral

theories by taking into account the thoughts of offenders as well as their behaviors.
• Wolf (1985) developed a three part theory as to the etiology of sexual deviant behavior:
a) Sexual offenders have a disturbed developmental history
b) There is a presence of disinhibitors that will allow sexual behavior to occur
c) The offender has a deviant sexual fantasy
• Ward and Keenan(1999) claim that implicit theories consider the following factors in relation to child
sexual abuse:
-Offenders view children as sexual objects
-Offenders are entitled to the sexual behavior
-The world is dangerous
-The offender has a lack of control
-Sexual behavior is not harmful

6. Psychosocial Theories

• The combination of social and psychological concepts.

• Traits common to rapists, child molesters, and exhibitionist:
-Poor social skills
-Low self-esteem
-Poor self-image and
-Poor ability to form appropriate relationships with agemates
• Many sex offenders who lack proper relationship skills tend to misread social cues, and they do so in two
ways:
a) They may misinterpret the actions of their victims as indicative of sexual desire.

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 -Example, if a woman dresses provocatively, it may be interpreted that she wants to have sex. Or if
when she is assaulted, she does not retaliate due to fear, this may be interpreted as a desire to comply
with the sexual act.
b) Sex offenders also misperceive cues about societal intimations. These cues can be in the form of
patriarchal prerogatives of fathers for children (Hartley, 1998) or sex-role stereotyping of women (Burt
1980)
• One study showed that some men are likely to rape if given the instructions that it is acceptable behavior
(Quinsey, Chaplin, & Varney, 1981)
• The cycle of abuse theory alleges that there are statistically significant links between childhood
victimization and current sexual interest in children (Bagley, Wood,& Young, 1994)

7. Integrated Theories

• The integrated theories indicate that childhood experiences predict a modeling effect because
experiences in childhood relationships provide basis for the formation of adult relationships.
• These theories also take into consideration possible biological explanations of deviancy. For example,
boys who have weak bonds with their parents may have inability to deal with stress and bodily changes
once they reach puberty.
• David Finkelhor’s (1984) Four factor model of the preconditions of abuse states that in order to sexually
abuse, an individual must:
a) Have motivation to sexually abuse
b) Overcome internal inhibitions
c) Overcome external factors that may act as inhibitors to the abuse, and
d) Overcome the child’s resistance to the abuse
• Emotional Congruence describes the relationship between the adult abuser’s emotional needs and the
child’s characteristics.
• Child sexual abusers also usually experience some type of blockage, or lack of ability to have their
sexual and/or emotional needs met in adult relationships.

-Two types of abuser’s blockage:

a) Developmental Blockage -the abuser is prevented from moving into the adult sexual
stage of development (an internal blockage)
b) Situational Blockage –the abuser is unable to attain or maintain an adult relationship
due to external factors such as frustration from a relationship with an adult

8. Sociobiological Trait Theory

• Not all human beings are born equal or with a blank slate.
• The combination of our biological differences and the environment we are all brought up in all predispose
individuals to making rational choices or preclude them from making rational choices or preclude them
from making rational choices about engaging in a life of crime or participating in illicit activities.

COMMON PROFILE OF SEXUAL VIOLENCE OFFENDERS

The Myth of the “Sex Offender Profile” ([Link]

Oftentimes, the public wants to know who sex offenders are—or who potential sex offenders might be—
based on certain personality characteristics, demographics, or other variables, perhaps because of their
understandable desire to be able to “spot” these individuals and take protective measures. In fact, for those who
are operating under myths or misperceptions about sex offenders and victimization, they may even believe that all
sex offenders fit a certain “profile” that makes them easily identified. For example, you might remember the myth
that the typical child molester is a “dirty old man” who hangs out at a park or playground waiting to lure a child
away with candy. Or that the typical rapist is a masked knife–wielding man lurking in a dark alley or hiding behind
a bush waiting to jump out and grab an unsuspecting woman who is passing by. Those and other similar myths
are based on the assumption that sex offenders all “look the same,” so to speak, or that they fit a certain profile.

In reality, however, research has consistently shown that there is no such thing as a “sex offender profile.”

Common Characteristics of Sexual Violence Offenders

1. As to Deviant sexual arousal, interests, or preferences

For decades, researchers have found that some sex offenders have interests in—or are aroused to—
things that are considered to be outside the realm of healthy or appropriate sexual interests or behavior, including,
but not limited to, the following:

• Engaging in sexual contact with young children or adolescents;

• Having sexual contact with others against their will or without their consent;

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 • Inflicting pain or humiliation on others;
• Participating in or watching acts of physical aggression or violence;
• Exposing oneself in a public setting; and/or
• Secretly watching others who are undressing, unclothed, or engaging in sexual activities.

2. As to Cognitive Distortions or Pro–Offending Attitudes

• The types of cognitive distortions that sex offenders use are often related specifically to their own problem
behaviors, including general antisocial behaviors or sex offending behaviors.
• Researches seem to indicate just that—pro–offending attitudes have indeed been found to be associated
with recidivism among sex offenders.

3. As to Social, Interpersonal, and Intimacy Deficits

Another cluster of characteristics that seems to be fairly common among sex offenders involves problems in the
social or interpersonal realm, with issues such as:

• Ineffective communication skills

• Social isolation
• General social skills deficits
• Problems in intimate relationships;
• Problems establishing and maintaining intimate relationships ( associated with an increased risk for
sexual recidivism)

4. Victim Empathy Deficits

A specific interpersonal problem that is believed to be common to many sex offenders is that of empathy deficits.
This concept is about putting oneself in another person’s shoes, so to speak, or the ability to feel what another
person may be feeling. For some time it was believed that sex offenders lacked the ability to be empathic in
general, although later it was suggested that their deficits were more specific to their victims.

It may be related in part to how individuals are able to engage in sexually abusive behavior and it was not found
to predict recidivism among sex offenders.

5. Poor coping or self–management skills

• When looking at other descriptive research or literature about sex offenders, a lack of healthy or effective
coping skills is often mentioned. For example, some offenders have difficulties managing their emotions
appropriately, and some are highly impulsive and tend not to think carefully about the consequences of
their behaviors before they act—or they may have difficulty resisting their urges from time to time.
• Although these kinds of problems or features are seen commonly among groups of sex offenders, it does
not mean that they are unique to sex offenders. Nor does it mean that these kinds of variables cause
people to commit sex offenses. Nonetheless, the research and literature does indicate that some of these
factors—specifically emotional and behavioral self–regulation difficulties—may be part of what
leads someone down the path to sex offending, and they are also associated with reoffending.

6. Under–detected deviant sexual behaviors

• Range and extent of deviant sexual behaviors are sometimes unknown or undetected until after an
offender discloses them during an assessment, polygraph, or through the course of treatment
• However, it does not mean that all sexual offenders have prior deviant sexual behaviors that were
unknown.
• For many sex offenders, there is often more to the story than initially meets the eye.

7. As to History of maltreatment

• Among the studies that have examined childhood maltreatment (including sexual victimization) among
sex offenders, there is quite a bit of variation. But there does seem to be a relatively high prevalence of
sexual or physical abuse among samples of sex offenders. This seems to suggest that there may be
some sort of relationship between having been maltreated and later engaging in sex offending behaviors,
especially when other kinds of vulnerability or risk factors are present. But in and of itself, there is no
research that supports the notion that it actually causes sex offending. And we know that there are many
people who have been subjected to physical, sexual, or emotional abuse during their childhood or
adolescence, yet they never go on to commit sex offenses

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CHARACTERISTICS ASSOCIATED WITH SEXUAL RECIDIVISM

Among other factors, researchers have found that the following static factors tend to predict sexual recidivism:

• A younger age of onset of sex offending;

• Having prior convictions for sex offenses;
• Targeting male victims;
• Having unrelated, unfamiliar victims—as opposed to victims who are within the family or who are known
to the offender;
• The presence of deviant sexual interests, or preferences;
• Being unmarried; and
• Having an antisocial personality disorder, or the presence of psychopathy.

And in addition, among the kinds of factors or variables that have the potential to change over time, and
which predict sexual reoffending, are the following:

• Problems with intimacy, or conflicts in intimate relationships;

• Increased hostility;
• Emotional identification with children;
• Becoming preoccupied with sexual matters or activities;
• Lifestyle instability and self–regulation difficulties, such as employment problems, impulsivity, and
substance abuse;
• Attitudes and beliefs that tend to support or justify criminal or antisocial behaviors; and
• Demonstrating non–compliance with supervision or treatment expectations.

NOTE: There really isn’t a typical sex offender.”

Typologies of Sexual Offenders

1. Typologies of Rapists 2. FBI Typologies of Child Molesters

a. Power Reassurance Rapist a) Situational Offenders

b. Power Assertive Rapist
c. Anger Retaliatory Rapist • Regressed
d. Anger Excitation Rapist • Morally Indiscriminate
e. Opportunistic Rapist • Sexually Indiscriminate
f. The Gang Rapists • Inadequate

b) Preferential Offenders

• Seductive
• Fixated
• Sadistic

CHILD SEXUAL ABUSE

‘‘Child abuse or maltreatment constitutes all forms of physical and/or emotional ill-treatment, sexual abuse,
neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the
child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power.’’
(WHO, 1998)

Sexual Abuse includes any inappropriate sexual exposure or touch by an adult to a child or an older child to a
younger child.

This includes, but is not limited to: fondling, sexual intercourse, sexual assault, rape, date rape, incest, child
prostitution, exposure, and pornography. It does not matter whether the victim was forced or tricked into any of
the above.

Most sexual abusers know the child they abuse. They may be family friends, neighbors or babysitters. About one-
third of abusers are related to the child. ([Link]

PHYSICAL INDICATORS OF SEXUAL ABUSE

• Difficulty in walking or sitting

• Torn, stained, or bloody underclothing
• Pain or itching in genital area

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 • Bruises or bleeding in rectal/genital area
• Venereal disease (a disease typically contracted by sexual contact with a person already infected; a
sexually transmitted disease)

BEHAVIORAL INDICATORS OF SEXUAL ABUSE

• unusual interest in or avoidance of all things of a sexual nature

• sleep problems or nightmares
• depression or withdrawal from friends or family
• seductiveness
• statements that their bodies are dirty or damaged, or fear that there is something wrong with them in the
genital area
• refusal to go to school
• delinquency/conduct problems
• secretiveness
• aspects of sexual molestation in drawings, games, fantasies
• unusual aggressiveness, or
• suicidal behavior

CHILD SEXUAL EXPLOITATION

Republic Act 7610 or the “Special Protection of Children Against Abuse, Exploitation and Discrimination
Act” provided for the definition of exploited children in prostitution and other sexual abuse as:

Children, whether male or female, who for money, profit, or any other consideration or due to the coercion
or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct.

Acts of Child Sexual Exploitation:

• Promotion, Facilitation or Inducement of Child Prostitution

• Child Trafficking for prostitution
• Sexual Intercourse or lascivious conduct with a child exploited in prostitution
• Hiring, Employing, Using, Persuading, Inducing or Coercing a Child to Perform in Obscene Exhibitions
and Indecent Shows whether live or in publications or pornographic materials, or to sell or distribute said
materials

Sex trafficking is a criminal industry that operates on the market principles of supply and demand.

The demand is created by men who pay for commercial sex, ensuring that sex trafficking continues to exist.

Traffickers, pimps and facilitators profit from this demand by supplying the predominantly women and girls who
are exploited on a daily basis. No demand, no supply. No client, no business.

Legal Aspects of Rape

Rape is the most common type of sexual assault being perpetrated nowadays. It is a crime of violence
(gender-based). It is life-threatening; there is danger to life and limb.

Brief Historical Background:

The word rape comes from the Latin rapere which means to steal, seize, or carry away. It is the oldest
means by which a man seized or stole a wife. In reality, it constituted enforced marriage since a man simply took
whatever woman he wanted, raped her, and brought her to his tribe. Rape was actually conducted under the guise
of respectable behavior, rewarding the rapist for the misuse and abuse of women.

Many contemporary beliefs and attitudes about rape are a throwback to the old days when rape was
respectable behavior. For example, victim blaming and trivialization of rape are indirect ways of legitimizing this
form of abuse and maintaining the respectability of the rapist.

In the Philippines, after more than 5 years of advocacy by women’s groups to bring into the law the
experiences of victims of rape, the current laws on rape (Republic Act 8353 and Republic Act 8505) are finally
enacted and are now being enforced.

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 The Anti-Rape Law of 1997 (Republic Act 8353)

“An Act Expanding the Definition of the Crime of Rape, Reclassifying the Same as a Crime Against Persons,
Amending for the Purpose Act 3185, as Amended, Otherwise Known as the Revised Penal Code, and for Other
Purposes”

3 Major Features:

1. Reclassification of Rape from a Crime Against Chastity to a Crime Against Persons

2. Expansion of the Definition of Rape to Include Acts Other than the Penile Penetration of the Vaginal
Orifice Under Circumstances without the Consent of the Woman
3. Criminalization of Marital Rape

Provisions:

“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.

Article 266-C. Effect of Pardon. – The subsequent valid marriage between the offender and the offended party
shall extinguish the criminal action or the penalty imposed.

“In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the
offended party shall extinguish 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 ab initio.

Article 266-D. Presumptions. – 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 her/him incapable of
giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266- A.”

I. RECLASSIFICATION OF THE CRIME OF RAPE

• ***Rape under the Revised Penal Code (Act 3128) was classified under crimes against chastity. This
classification of rape seemingly provided implicit importance to the culture-bound concept of “virginity”
and the “sexual history” of victims. Thus, victims who are or were prostituted women or sexually active,
and even married women, had more difficulty successfully proving sexual contact effected through force
or intimidation for some reason attributed to their sexual history or experience.
• Rape is now a PUBLIC rather than a private crime so its reclassification has a significant effect in the
prosecution of rape.
• Rape may now be prosecuted upon a complaint initiated by any person.

II. EXPANDED DEFINITION OF RAPE

Rape under the old definition:

• The perpetrator and the victim of rape could not be of the same sex;
• The perpetrator is always a male while the victim is always a female
• There is only one way to commit rape: by contact of the penis with the vagina, or its labia, against the will
or without consent of the woman (carnal knowledge)

Rape under RA 8353:

• The perpetrator and the victim of rape could be any of the sexes;

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 • There is a newly recognized way of committing rape by sexual assault: inserting the penis into another
person’s mouth or anal orifice, or insertion of any instrument or object into the genital or anal orifice of
another person (Rape by Sexual Assault)

***Insertion of one’s finger into the genitalia of another constitutes “rape through sexual assault” (People v.
Soriano, G.R. No. 142779-95) & People v. Palma, G.R. No. 148869-74)

III. CRIMINALIZATION OF MARITAL RAPE

• This is the most debated provision during the long process of enacting RA 8353
• Rape: essence is lack of consent
• Old Law: no rape in marriage, except if legally separated
• RA 8353: Presence of marital rape regardless of status of marriage
• If legal husband is the offender, subsequent forgiveness of the wife extinguishes criminal action / penalty
Exception: Marriage void ab initio

OTHER SALIENT FEATURES OF RA 8353

1. Deletion of Frustrated Rape

• The Supreme Court ruled that rape is consummated from the moment there is carnal knowledge
• Rape is merely attempted if its commission was not completed due to circumstances other than
the voluntary act of the accused.

Evidentiary Presumption in Favor of the Rape Victim

• “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 him/her incapable of giving valid consent,
may be accepted as evidence in the prosecution of rape.”
• These would limit an offender’s available defenses.

2. Some Lowering of Penalties

• Rape by Carnal Knowledge: Reclusion Perpetua ( 20 y and 1 d – 40 y)

• Rape by Sexual Assault : Prision mayor (6 y and 1 d – 12 y)

3. Addition of Certain Aggravating and Qualifying Circumstances

Death Penalty (now, Reclusion Perpetua) is imposed when rape is committed with any of the following
aggravating/qualifying circumstances:

1) 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;

2) When the victim is under the custody of the police or military authorities or any law enforcement or
penal institution;

3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives
within the third civil degree of consanguinity;

4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally
known to be such by the offender before or at the time of the commission of the crime;

5) When the victim is a child below seven (7) years old;

6) When the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV)/Acquired
Immune Deficiency Syndrome (AIDS) or any other sexually-transmissible disease and the virus or
disease is transmitted to the victim;

7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof
or the Philippine National Police or any law enforcement agency or penal institution, when the offender
took advantage of his position to facilitate the commission of the crime;

8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation
or disability;

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 9) When the offender knew of the pregnancy of the offended party at the time of the commission of the
crime; and

10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime.

OTHER PENALTIES:

• Rape by Sexual Assault w/ use of deadly weapons and or by 2 or more persons: Prision Mayor to
Reclusion Temporal
• Attempted Rape + Homicide: Reclusion Temporal to Reclusion Perpetua ( 12y 1d – 40 y)
• Rape + Homicide: Reclusion Perpetua ( 20y 1d – 40 y)
• Victim becomes insane; Minor victim + offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the 3rd degree, or the common-law spouse of the victim’s parent; Victim
under custody of police, military authorities of any law enforcement or penal institution: Reclusion
Temporal (12y1d – 20 y)
• Rape in full view of spouse, parent, children or other relatives within the 3rd degree of consanguinity;
Victim is engaged in legitimate religious calling + known by offender at the time of the act; Victim is
under 7 years of age; Offender knows that he has HIV/AIDS or other STD + virus transmitted to the
victim : Reclusion Temporal
• If offender is AFP, paramilitary, PNP, law enforcement, penal institution + taking advantage of position to
facilitate crime; victim suffered permanent physical mutilation or disability because of rape; Victim is
pregnant + offender knew the pregnancy; Victim has mental disability, emotional disorder or physical
handicap + offender knew this: Reclusion Temporal

REPUBLIC ACT 8505

“An Act Providing Assistance & Protection for Rape Victims, Establishing for the Purpose a Rape Crisis Center in
Every Province and City, Authorizing the Appropriation of Funds therefore, and for Other Purposes”

Otherwise known as:“Rape Victim Assistance & Protection Act of 1998”

SALIENT FEATURES:

• Establishment of Rape Crisis Center in Every Province/City

• Services for the Victims of Rape
• Enumeration of Duties of the Police Officer
• Respect for Privacy and Confidentiality
• Rape Shield Clause

Establishment of Rape Crisis Centers

 The DSWD, DOH, DILG, DOJ and a lead NGO with proven track record or experiences in handling
sexual abuse cases, shall establish in every province and city a rape crisis center located in a
government hospital or health clinic or in any other suitable place.

Services in Rape Crisis Center

 Provide psychological counseling, medical & health services, including medico-legal exam;
 Secure free legal assistance / services, when needed;
 Assist in the investigation to hasten arrest and filing of cases in court;
 Ensure the privacy and safety of the victim
 Provide psychological counseling and medical services to the family, when needed;
 Develop and undertake training programs on human rights and responsibilities, gender-sensitivity and
legal management of rape cases for:
- Law Enforcement Officers
- Public Prosecutors / Lawyers
- Medico-Legal Officers
- Social Workers
- Barangay Officials

 Adopt and implement programs for the recovery of rape victims

 DSWD is the lead agency in the establishment of the rape crisis center

Duties of the Police Officer

*PNP

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  Establish women’s desk in every police precint
 Female Police Officers to conduct investigation of rape cases where victims are women

*Medico-Legal Officer

 Must be of the same sex as offended party

 Ensure that only persons expressly authorized by the offended party is/are present during the
medico-legal examination
 Immediate referral of cases to prosecutor for inquest/investigation
 Arrange for counselling and medical services for the offended party
 Ensure that only persons expressly authorized by offended party is allowed in examination room
 Inform parties that proceedings can be conducted in a language or dialect known or familiar to them

Respect for Privacy & Confidentiality

 At any stage of the investigation, prosecution and trial

 The police officer, prosecutor, court & its officers, as well as both parties involved shall recognize the right
to privacy of the victim and the accused
 Closed-door Investigation, Prosecution, or Trial: when needed to ensure fair and impartial proceedings
and after considering all circumstances for the best interest of the parties
 Ensure that any information tending to establish identities and other information shall not be disclosed to
the public.

Rape Shield

 In prosecutions for rape, evidence of complainant’s past sexual conduct, opinion thereof or of his/her
reputation shall not be admitted unless, and only to the extent that the court finds, that such evidence is
material and relevant to the case.

Rape Shield Clause

 “Prohibits the defendant or his attorney from questioning the rape victim regarding her previous sexual
history or introducing any other evidence concerning her past sexual practices.” - Michigan vs. Lucas

MYTHS AND MISCONCEPTIONS ABOUT RAPE

MYTH # 1: Rape happens only to young, attractive or desirable women

FACT:

Police records show that there is no typical woman victim. Any woman can be raped. Victims have
included babies several months old and grandmothers. There is no regard for relation, wealth, education,
disability, pregnancy or even beauty when it comes to men raping women.

MYTH # 2: Rape is a crime of lust or passion

Fact:

 Rape is not a crime of lust or passion but an abuse of power.

 Some perpetrators express the belief that their children are their property so that they are privileged to
use them before any other man.

Myth # 3: Rape involves the loss of a woman’s most prized possession, her “chastity”

FACT:

Rape is not about “chastity” lost but about the violation of personhood, dignity, and bodily integrity.

Myth # 4: Men can have sex freely with women deemed to be of loose morals because these women have
nothing to lose

FACT: Rape is a crime against the personhood of the victim, regardless of her personal background, reputation or
previous sexual behavior. Thus, prostituted women, sexually active or even married women can also be raped.

Myth # 5: Rape is committed by sex maniacs or perverts

FACT: Rape can be committed by perverts and “normal” men.

Myths # 6: Rape happens in poorly lit or secluded places

FACT:

 Rape can happen to any woman, any time, at any place.

 In addition, it is the rapist who chooses the place and the time for the rape to occur – the vicitim has little
to do with the situation other than being in the wrong place at the wrong time.

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Myth # 7: Sexy clothes incite men to rape

FACT:

 No woman “deserves” to be raped, even if she happens to be wearing sexy clothing. This myth maintain
the Adam-and-Eve syndrome of our culture, in ehich a man is believed to be the innocent victim of the
evil and seductive temptress – the woman.
 We blame women for rape if they are not wearing a bra or if they are wearing a short skirt.

Myth # 8: When a woman’s chastity is threatened, she exerts every effort to protect it, whether by violent
resistance, escape attempts or screams for help.

FACT

 The fact that the victim did not resist or attempt to flee or shout for help does not negate force or
intimidation
 People react differently to a given situation and there is no standard form of behavioral response when
one is confronted with a strange or startling or frightful experience as heinous as the crime of rape
 The workings of human mind when placed under emotional stress are unpredictable and cause different
reactions in people (People v Opelina, 412 SCRA 343).
 The court has also recognized that fear has been known to render people immobile, if not useless, in
some life and death situations (People v. Galas, 262 SCRA 381); that intimidation is addressed to the
mind of the victim and is, therefore, subjective, and its presence cannot be tested by any hard and fast
rule and must be viewed in the light of the victim’s perception and judgment at the time of the commission
of the crime (People v. Oarga, 259 SCRA 90)

Myth #9: When violated, a woman’s first reaction is to tell her family, particularly her menfolk – father,
brother, husband- who must be informed of the assault upon the woman’s and thus the family’s honor

FACT:

 Delay in reporting rape should not diminish the credibility of the report because, given the usual
circumstances of rapes, such delay is, more often than not, excusable.

Myth #10: Many women falsely cry rape. Rape charges are fabricated by women seeking to avenge a
slight injury or to extort money.

FACT:

There is no doubt that some women report rape when it has not occurred (for revenge or for other
reason), but it would be a gross mistake to assume that the majority of rape cases reported to the police are false.
Historically, it has been more likely for women not to report rape that has occurred.

Myth # 11: Rape is a crime controlled by an uncontrollable sex drive

FACT:

 Some men incarcerated for serial rape often claimed that they felt such a compulsion to rape, that they
could not control themselves.
 However, there is no verifiable evidence that men, as gender, are under such a psychological sexual
compulsion that they cannot control themselves. Moreover, many perpetrators either are married or have
available sexual partners when they committed their crimes.

Myth #12: Strangers commit rapes

FACT:

 Rapes are often committed by persons who know the victims. A US study has shown that women knew their
assailant 84% of the time.
 Fewer than 1 in 3 rapists was a stranger to the victim (RAINN, 2006)

Myth #13: All women want to be raped

FACT:

 This myth has been romanticized in the media. The paperback romance story often starts with the female
resisting the advances and even the sexual attack of the rapist, only to melt in passionate acceptance
(Crooks & Bauer, 1983).
 It is true that some women do have a sexual fantasy, but these fantasies typically do not center on the
use of force but on feeling of being “swept off one’s feet”, by a tall, dark, and handsome stranger into a
sexual liaison that one would not ordinarily entertain in real life.

The Functions of Rape Myths

Myths about rape have survived in our culture so tenaciously for so long because they have a number of social
functions:

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1. Myths provide false security

- When we are confronted with the story of a rape, the easiest way to maintain our feelings of safety and
invulnerability to rape is to believe that what we are hearing is indeed a work of fiction, not a true story.

If we believe that many “rape reports are false”, then we significantly lower our perceived chance of
becoming a rape victim too.

2. Myths maintain our belief in a just world

- We all would like to believe that we live in a just world in which people get what they deserve. If we do
the “right” things, bad things will not happen to us.

- Following this line of reasoning, if a woman is raped, then it can only mean that she is bad or that she has done
something wrong that makes her deserve it.

3. Myths keep women unequal and controlled by men

- We are more likely to blame women for being raped when it happens while they are engaging in activities such
as hitchhiking, being out in bars alone, or being out walking alone at night. These are acceptable activities for
men, but the possibility of rape makes them dangerous for women.

- As a result, women continue to be controlled by men, without equal freedom of activity. They live in fear of
stepping outside their socially accepted roles and being punished by rape.

UNCOVERING THE DOCTRINAL MYTHS IN RAPE CASES

 Many of these doctrinal myths are based on popular misconceptions and traditional beliefs centering on
the victim, e.g. her character, her conduct and reactions before, during and after the assault, and the
erroneous appreciation of medico-legal evidence.

1. RAPE IS EASILY FABRICATED

“ An accusation of rape is easy to make, difficult to prove and even more difficult to disprove.”

FACTS:

 An accusation of rape is NOT easy to make. It takes tremendous courage for a woman to collect her
wounded dignity, her sullied clothing, her bruised body, and report the rape to the authorities.
 It is difficult to prove a claim of rape because of the general attitude of disbelief towards rape victims and
the prejudices they encounter when they try to seek justice.

2. “Filipina of Decent Repute” Doctrine

“It is hard to believe that an unmarried woman… would publicly declare that she had been raped, thereby
practically foreclosing the probability of a happy married life; exposing herself to the ordeal and embarrassment of
public trial, submitting her private parts to examination, allowing her honor and reputation to be sullied and
heaving upon herself untold humiliation, unless she is motivated by a strong desire to bring to justice the culprit
who has grievously wronged her.”

“No young Filipina would publicly admit that she was ravished and her honor tainted unless such was
true, for it would be instinctive for her to protect her honor.”

“…it is very unlikely for such a young girl, sexually inexperienced as she is to fabricate a story of
defloration, allow examination of her private parts and permit herself to be subject of a public trial if it is not true
that she has been raped…That no decent girl would expose herself to humiliation and public scandal unless she
is motivated by a strong desire to seek justices.”

 These pronouncements give the impression of sensitivity to the plight of women victims and bias in their favor
but they actually rest on a false premise: that only those of decent reputation can possibly be sexually
abused. This is truly discriminating against those who do not fit society’s standards of a “decent Filipina”
 This doctrine reflects the presumption of “chastity” in women who are young, rural, conservative or
uneducated and reinforces society’s double standard in the sexual practices of women and men ( man’s
masculinity and status is determined by his sexual conquests, a woman is expected to preserve her “virginity”
until her marriage)
 The emphasis on “chastity”, “decent reputation” or “virginity” has no statutory basis because it is not an
element in the legal definition of rape.
 FACT: Rape can happen to any woman at any time and any place. The moral character of a rape victim is
immaterial in the prosecution and conviction of the accused. Even women in prostitution can be the victims of
rape.

3. “Assault on Chastity, Virtue or Honor” Doctrine

“Rape is nauseating crime that deserves the condemnation of all decent persons who recognize that a woman’s
cherished chastity is hers alone to surrender to her own free will. Whoever violates that will descend to the level of
the odious beast…the man who rapes his own daughter violates not only her purity and her trust bur also the
mores of his society which he has scornfully defied. By inflicting his animal greed on her in a disgusting coercion

19
 of incestuous lust, he forfeits all respect as a human being and is justly spurned by all, not least of all by the fruit
of his own loins whose progeny he has forever stained with his shameful and shameful lechery.”

“It is unthinkable that a 15-year-old rural lass would fabricate a rape charge against her very own father and
consequently expose herself to the dishonor, humiliation and embarrassment of a medical examination and public
trial, as well as taint her chastity for life, simple to take revenge for the physical maltreatment inflicted upon her.
The motive imputed is too shallow to be given any weight and credit by the court. Courts usually lend credence to
testimonies of young girls, especially when the facts point to their having been victims of sexual assault.”

“…It is also hard to believe that a rape victim and her family would publicly disclose the incident and thus sully
their honor and reputation in the community unless it is true. Considering the inbred and the consequent revulsion
of a Filipina against airing in public things that affect her honor, it is hard to conceive that complainant would
reveal and admit the ignominy she had undergone if it was a mere fabrication.

 The court generally presumes “chastity” in women who are young, rural, conservative or uneducated.

 In contrast, highly educated, assertive and liberal women and those old enough to have minimal sexual
experience must meet a tacitly higher standard of proof

FACT:

 Rape, however, is not about honor sullied forever or chastity lost. It is about a violation of personhood,
dignity and bodily and psychological integrity. Rape deeply wounds the respect, freedom, physical and
moral integrity to which every person has a right….(it is ) an outrage upon decency and dignity that hurts
not only the victim but the society itself.

4. Doctrine of Tenacious Resistance

“Rape victims always show resistance. Absence of any proof of struggle or tenacious resistance, it is likely that
the sexual intercourse was consensual.

 This doctrine proceeds from the erroneous premise that there is a standard behavior that can be expected of
women during a rape attack and that, in every case, when a woman’s chastity is threatened, she will exert
every effort to protect it, whether by violent resistance, escape attempts or screams for help.

 This does not take into account the peculiarities of a rape situation, the individual vulnerabilities of the victim,
and the range of coping strategies that victims resort to during a rape attack.

FACTS:

 The absence of physical injuries on the victim does not negate the commission of rape.

 The law on rape provides that “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 him/her incapable of
giving valid consent, may be accepted as evidence in prosecution of the act.

 Rape is a life-threatening situation. During the rape, the woman experiences shock and fright. Her prime
motivation is to stay alive. Victims have tried to defend themselves by fighting physically, by screaming for
help, by running in an attempt to escape the attacker, by reasoning with the offender, or just by talking in the
hope of establishing some kind of human connection that will make the rapist reconsider the attack.

 Resistance to rape is expressed in various forms, Resistance may not always be the best course of action as
this may only get the victim savagely beaten or killed.

 A simple “NO” viewed in the context of all the circumstances of the assault and the psychological dynamics of
the victim, conveys resistance.

5. “Normal Conduct” Doctrine

“The compainant’s conduct immediately after the incident displays outright inconsistency with the natural
reaction of an outraged woman robbed of her honor, raises too many questions”

 The demeanor of the complainant before, during and after the assault is judged according to the
supposed or expected conduct of a woman whose virtue is about to be, or has been violated.
 Most often, attempt to escape at every possible opportunity, physical struggle or resistance, promptness
in reporting the assault, and avoidance or maintaining distance from the offender after the assault are
deemed to be the “normal conduct” of a rape victim.
 In People v. Abuan, SC acquitted the accused because the evidence of the prosecution was deemed
weak: it took the complainant four months before she reported that she was raped by the accused.
 “…The credibility of the victim is further strengthened by the spontaneity of her act immediately after the
incident…Her immediate response (reporting the incident) carries the stamp of truth. This is a natural
reaction of a virtuous woman who had just undergone sexual molestation against her will.”
 Conducts inconsistent with these are considered “not consistent with human nature and the ordinary
course of things”.

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  In some cases, the SC has established the principle that there is no standard behavior for persons
confronted with a shocking incident and that the workings of the human mind when placed under
emotional stress are unpredictable and cause different reactions to people.
 But there are instances when the SC reverts to the “normal reaction” or “consistent with human nature
and the ordinary course of things” standard.
FACT:
 Different people react to differently to a given situation or type of situation. There is no standard form of
behavioral response when one is confronted with a strange or startling or frightful experience.
 There are varuous reasons for the delay in reporting and filling of rape cases, such as threats to the life of
the victim and her family, economic dependece of the victim upon her attacker, embarassment, etc.
 The law on the prescription of crimes would be meaningless if we were to yield to the proposition that
delay in the reporting of crimes is fatal to its successful prosecution.

6. “Crime of Lust or Passion” Doctrine

“Lust, we now repeat, is no respecter of time and place.”

 Jurisprudence is replete with similar pronouncements, characterizing rape as a crime of lust or desire

 Case reports invariably describe the accused as being driven by “animal desire”. “lecherous passion,”
“carnal lust”, or “pent-up passion”

FACT:

 This characterization of rape strengthens the notion that men rape because their libido makes them rape.

 It obliterates the real nature of rape which involves dehumanization and utter disrespect of another
person.

 A rapist uses sex as a weapon primarily to degrade another human being. Lust merely becomes an
excuse, the sexual act being culturally associated with love and desire.

 Rape is a crime involving power targeted against the victim’s very person. It is not simply a release for
men’s lust or passion.

 Rape can be committed by perverts and “normal” men.

SUPREME COURT’s GUIDELINES IN RAPE CASES:

1. An accusation of rape can be made with facility; it is difficult to prove, but more difficult for the person
accused, though innocent to disprove

2. In view of the intrinsic nature of the crime where only two persons are usually involved, the testimony of
the complainant must be scrutinized with extreme caution;

3. The evidence for the prosecution must stand or fall on its own merits, and cannot be allowed to draw
strength from the weakness of the evidence of the defense.

NOTE:

 Accordingly, the complainant’s testimony should not be received with precipitate credulity, especially
when the conviction depends at any vital point upon her uncorroborated testimony; it should not be
accepted unless her sincerity and candor are free from suspicion. Such testimony must be impeccable
and ring true throughout or credible and positive.
 The most dangerous effects of relying on doctrinal rape myths are: acquittal of an accused gives him the
opportunity to continue victimizing the complainant or other women and rape victims may not come
forward for fear that their complaints will be viewed based on these rape myths.

Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act
(R.A. 7610)
ARTICLE III. Sec. 5.
Sec. 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money,
profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge
in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostit ution and other
sexual abuse.

PUNISHABLE ACTS

• The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not
limited to, the following:

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 (1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or
other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such
child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years
of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of
Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be:
Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall
be reclusion temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in prostitution in addition to the activity for which the
license has been issued to said establishment.

The Anti-Child Pornography Act (R.A. 9775)

"Child pornography" refers to any representation, whether visual, audio, or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real or
simulated explicit sexual activities.

"Explicit Sexual Activity" includes actual or simulated –

(1) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital,
oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex;

(2) bestiality;

(3) masturbation;

(4) sadistic or masochistic abuse;

(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or

(6) use of any object or instrument for lascivious acts.

Unlawful or prohibited acts in relation to sexual assault:

• To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any
form of child pornography;

Problems Encountered in Prosecuting Rape Cases

1. Many cases are being dismissed in courts because victims have to prove beyond reasonable doubt that there
was no consent.

2. “Re-raping” of victims throughout the legal process

3. Cases involving very young children are of greater challenge than those which involve adult victims

4. Reliance of the court on rape myths

5. The longer the crime of rape is reported, the more difficult it is to provide corroborative evidence in court. The
testimony of the victim has to be scrutinized with great caution.

6. The nature of drug-facilitated sexual assault poses challenge to victims to provide credible testimony.

Contemporary Issues in the Field of Sexual Violence

1. Sexual Abuse in the Church

2. Child Pornography, the Internet and Child Predators

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 - The increased demand of pornographic materials especially child pornography in the internet
encourage producers of pornographic materials to device means and ways to lure children into
production of pornography.
- Child predators also use the internet to befriend victims online, stalk them, then force them into
having sex with them when they meet in person.

3. News Stories on Rape

• Media tend to over-report cases of sexual abuse (when compared to physical and psychological
abuse), especially those that involve stranger offenders or abuse outside the home.
• Newspapers overemphasize cases where the offense takes place in a public space (such as a church
or school) and when details of the event are considered bizarre, astonishing or unexpected.
• Media tend to focus on violent crimes committed by “dangerous” strangers, largely defined as poor
men of color, and crimes committed against white and middle-class victims. These representations
provide a distorted image of the reality of sex crimes, which most frequently occur in private settings,
by someone known to the victim.
• Media coverage has also been criticized for focusing on the actions and responsibility of victims,
suggesting that victim behavior, such as drinking, flirting, or being in the “wrong place at the wrong
time” precipitates sexual violence. These representations vary significantly according to race and
class, with white and middle-class victims more likely to receive sympathetic coverage, particularly if
their assailant is from a lower-class or more marginal racial or ethnic background.
• The type of rape reported in the media tend to be those that have features that are in keeping with the
classic stereotype of rape – more reports on stranger attacks and sexual assaults in public place.
• Media stories may also be presented in such a way as to suggest that the victim precipitated the
attack or is making a false allegation.
• Perhaps the most damaging feature of media reporting of rape victims is the persistent myth that
false allegations of rape are relatively common, with acquaintance rape victims presented as
particularly likely to misrepresent their experiences (Cuklanz, 1996; Gavey & Gow, 2001). Despite
their statistical rarity, false allegations feature prominently in both news and entertainment media, for
instance being a relatively common plot device on police procedurals and other crime dramas
(Cuklanz, 2000). Taken collectively these stories function as “cautionary tales” that act to fuel doubts
and disbelief about women’s narratives generally and prevent women from speaking out about their
experiences of violence (Larcombe, 2002).

4. False Rape Allegations

False allegations of rape
• from a legal perspective, typically refer to one of the following situations:
“(1) a report of forced sexual contact where there was no sexual conduct at all;
(2) a claim of forced contact where the actual encounter was consensual; or
(3) an accusation of a particular person when the complainant knows that her assailant was someone
else.”
***False allegations of rape appear to consist of a small percentage of rape claims, and even a smaller
percentage of all rapes.

Common Motives for False Rape Allegations

• Material Gain
• Emotional Gain (revenge / produce alibi / gain sympathy)
• Disturbed Mental State

Female Sexual Offenders

When it comes to sexual offending, the amount of unreported crime is amplified when the perpetrator is female,
when the victim is male, when the offender is in a position of authority, and when the abuse seemingly occurs
within the context of a relationship.

NOTE: There is a strongly held – but erroneous – assumption that the absence of a penis renders female-child
sexual abuse less traumatic, less violent, and less physically damaging than sexual abuse by a male. However,
victims of female perpetrators describe similarly or more severe psychological and behavioral symptoms as
victims of male perpetrators.

Female Sexual Offender Typologies

Note: Due to very small samples, most of the typologies that have been constructed for women have so far been
essentially descriptive and not grounded in theory.

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1. Women who Abuse Adolescent Boys

• Referred to as “teacher/lovers”, “heterosexual nurturers”, “adolescent abusers” or “Criminally limited

hebephiles”
• These offenders typically promote an adolescent boy to adult status and tend not to see the abusive
behavior as criminal but believe that the victim is a willing participant in a consensual relationship, or that
it is their responsibility to “teach” the child about sexuality, thereby saving the child from apparently
inevitable abuse later on.
• These offenders typically act from a position of authority that is achieved either through her age or her
role in the boy’s life.
• These offenders may be survivors of sexual abuse or have experienced verbal or emotional abuse in their
childhood an may have had a distant (or absent) father.

2. Women Who Abuse Young Children

• They may be further classified by victim gender (showing preference for boys or girls) or by their
relationship to the victim (e.g. abusing their own children)
• These offenders disguise their offending in routine caretaking activities such as bathing, clothing or
feeding of the child victim.
• They are likely to have experienced severe childhood trauma or to have long histories of sexual abuse.
• Their adult relationships are frequently unstable, unhealthy, or abusive, and they tend to experience
additional difficulties such as low self-esteem, extreme anger, cognitive distortions, or substance abuse.
• These offenders are the most likely to report having deviant fantasies about their sexual offending,
display other sexually deviant behaviors, and use violence during their offense.
• Studies of adult survivors indicate that victims of these offenders, who are very young during the abuse,
tend to report the greatest difficulty in coping, sense of loss, betrayal, and pain (when compared with
other victims of female offenders).

3. Women Who Have Co-offenders

• Sexual Co-offending typically involves women who are in intimate relationships with men who influence or
force them to engage in an offense.
• Women who co-offend with men tend to account for the largest population of female sexual offenders in
most typologies.
• Can be subdivided into male-coerced offenders or male-accompanied offenders.
• These offenders are extremely non-assertive and emotionally dependent on their male coercers.
• These women might participate directly in the abuse or simply facilitate the procurement of victims for
sexual activity.

4. Women Who Abuse Adults

• Women who target adult victims constitute a small minority of female sexual offenders.
• Very little is known about the characteristics of female sexual offenders who have adult male victims
because males tend not to report their victimization because they might be met with disbelief by trusted
friend, encounter suspicion by police officers, or simply because they experience a personal
unwillingness or inability to recognize the act as abuse.
• “Aggressive homosexual offenders” were the most likely to be arrested for a contact sexual assault
against an adult.

NOTE:

• Female sexual offenders receive differential treatment at every level of the criminal justice system from
law enforcement through legal processing and corrections.
• Compared to their male counterparts, women who do commit sexual offenses are usually subject to
extreme media coverage and a fierce double standard.
• A continued failure to acknowledge the actual extent of male victimization by women serves to further the
idea that males always want sex and that coercion of males is acceptable. This will discourage male from
seeking help because of the fear that they will not be believed or that services are not available to them.

Drug-Facilitated Sexual Assault (DFSA)

- occurs when a person (male or female) is subjected to sexual act(s) while he/she is incapacitated or
unconscious due to the effect(s) of ethanol, a drug and/or other intoxicating substance, and as a result
unable to resist or consent to such acts

- this is often called as “predator rape” because the perpetrator usually plan his act and choose his victim

24
 - In most cases (but not all), the victim is a woman and the offender is a man.

DFSA Offenders

Myth: it is only stranger in the club or singles bar

Reality is:

• Perpetrator could be a date or a trusted “friend”

• Health care provider in a medical setting
• Could be a neighbor

The Typical Rapist:

• Premeditates & plans his attack

• Uses multiple strategies to make victim vulnerable
• Uses alcohol deliberately
• Increases violence as needed

Similarities between non-stranger and stranger rapists:

• Many rapists are serial rapists

• Rape is usually planned in advance
• Victim’s accessibility was primary factor in rapist’s decision
• Victim’s appearance had little or nothing to do with the rapist’s decision

“A drink is left unattended for a period of time, after which the victim describes losing track of events and
then waking in an unfamiliar environment, inappropriately clothed, or with a sensation of having a sexual
intercourse.”

COMMON OCCURENCES:

• Majority of cases involve the spiking of the victim's drink without their knowledge
• A victim may voluntarily consume drugs that lead to impairment or losing of consciousness which the
perpetrator take advantage of

Signs Suggestive of Drug-Facilitated Sexual Violence

• Impaired conscious state, memory loss, disorientation, or confusion

• Impairment of speech coordination
• Unexplained signs of trauma, particularly genital trauma
• Apparent intoxication not corresponding to stated alcohol consumption
• Unexplained loss or rearrangement of clothing
• Talking about having an “out of the body experience”

Two Common Presentation of DFSA

1. Complete Loss of Consciousness

“I passed out...I was gone. He could have sawed me into half and I would not know it”

2. Fragmented memory – brief, intermittent periods of visual and /auditory memories

“I was awake some of the time but I couldn't walk, I couldn't talk...”

Difficulties Surrounding the Investigation of DFSA:

• Vast number of drugs that can be used to commit the crime

• Reporting of the Crime – Rape Drugs affect reporting patterns
• Collection of proper specimen
• The lack of findings in the forensic toxicology laboratory
• Lack of experience among investigators, medical personnel, laboratories and prosecutors in handling
in DFC cases.
• The most important evidence is often not collected – a URINE SAMPLE

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DRUGS COMMONLY INVOLVED IN DFSA:

1. ALCOHOL

Ethanol - is the most common finding in investigations of drug-facilitated sexual assault.

*Alcohol is a CNS depressant or sedative.

Effects:

• Slowed reaction time

• Incoordination
• Reduced perception
• Lost judgment

Alcohol mixed with other drugs like Barbiturates, Benzodiazepines, Antihistamines, Marijuana, GHB (Gamma
Hyrdoxybutyrate), Narcotics will produce a synergistic effect

**Small amount of these drugs will cause sedation in an individual so it is difficult to detect the presence of a drug
in a biological sample unless sensitive methodologies are used in the forensic toxicology laboratory.

2. GHB (Gamma Hydroxybutyrate) and Rohypnol (Flunitrazepam)

*These are the classic date-rape drugs prevalent in the '90s but are still used today

*Both have sedative effects + memory impairment

GHB

• rapidly absorbed and eliminated

• effective in about 15-20 minutes and last for 3-4 hours
• serum level can be obtained up to 8 hours
• urine specimen can be obtained up to 12 hours

ROHYPNOL

• kicks in within an hour

• clinical effects for several hours
• has strong AMNESIA effect
• can be found in urine and blood up to 36-72 hours

OTHER DRUGS DETECTED IN VICTIMS OF SUSPECTED IN DFSA

 Benzodiazepines:  Amphetamines: Methamphetamine; MDMA

(Ecstasy)
- Alprazolam  Marijuana
- Clonazepam  Cocaine
- Chlordiazepoxide  Opiates
- Diazepam  Muscle Relaxants: Carisoprodol ,
- Lorazepam Cyclobenzaprine, Meprobamate
- Triazolam  Antihistamines: Diphenhydramine, Chloral
 Scopolamine Hydrate
 Zolpidem
“A delay of just one or two hours in the collection of a blood specimen for toxicological testing may lead to an
administered substance being missed.” -United Nations Office on Drugs and Crime (UNODC)

“Failure to detect a drug or metabolite, or there is a negative result, does not always mean that the drug was not
ingested.” -UNODC

DRUG-FACILITATED SEXUAL ASSAULT IN THE PHILIPPINES

***A review of 474 cases of sexual abuse involving females aged 11 to 18 years seen at the PGH-CPU in 2009
showed:

• Drug-facilitated sexual assault prevalence rate of 13.9%

• Majority are 14 to 16 years old (68.18%)
• Most are enrolled (59%), the rest are out of school
• Alcoholic beverages are the most common substance taken immediately prior to the assault (59 out of 66
cases) including beer, brandy, vodka, tequila usually during parties and drinking sessions

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 • Some patients recalled substances placed in their drinks including Valium, MSG, and unknown tablet
• Only 8 out of 66 were aware that their drink was drugged
• Mean number of assailants was 2
• Assailants were mostly related to their victims
- Includes friend, neighbor, classmate, boyfriend (with no previous sexual relation), and ex-boyfriend
- Assailants “met for the first time” included textmates and chatmates (3.04%) - Madriñan SL (2011)

EVIDENCE THAT CAN BE COLLECTED FOR DFSA

Urine

• minimum of 30 mL; 100 mL is preferred

• -no need to add preservative
• should be collected not more than 4 days after the suspected drugging of the victim

Recommendations:

*As soon as the crime is reported, obtain urine and blood specimen as quickly as possible.

Obtain as much information as possible prior to analysis:

a. What symptoms did the victim described?

b. How long was the victim unconscious?
c. How much time passed between the alleged drugging and the collection of the specimen or
specimens?
d. How much ethanol did the victim consume?
e. Did the victim take any drugs (recreational, prescription or over the counter)?
f. How many times (approximately) did the victim urinate prior to the collection of a urine specimen?
g. What other drugs do the suspect or suspects have available to use?
h. Any other appropriate questions based on the case history

*Develop sensitive assays for the drugs listed and know your limitations

Immunoassays – used for rapid determination of drugs in biological specimens

However, BENZODIAZEPINES do not cross-react well with the antibodies in these assays particularly at the
levels seen in cases of DFSA. This lead to false negative results

Blood

• usually useful only when the collection has occurred within 24 hours of the drugging
• approximately 30 mL should be collected in a container with sodium fluoride or potassium oxalate as
preservative
• refrigerate if sample cannot be analysed within 24 hours
• unused samples should be stored in a freezer in case further analysis is needed

Vomit

• the analysis of the vomit may also prove useful to the investigation

Hair

• used when there is a late/delayed reporting of an alleged DFSA

• head hair should be collected at least 4 weeks after the alleged assault

Other Evidence That Can Be Collected:

When the scene of the alleged assault is searched, the following should be collected and submitted for analysis:

• Cups drinking
• glasses containers
• any liquid that may contain residues of drugs
• plates,
• foods
• Pharmaceutical products and prescriptions for medicines
• photographs/videos and electronic evidence from computers (sometimes, perpetrators, record their
assaults)
• For trace evidence, collect: Clothing, sheets and beddings, condoms for DNA analysis

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Reducing the Risk of Victimization

1. Don’t leave your drink unattended.

2. Don’t drink from punch bowls or large, common open containers.
3. Watch while your drinks are poured and carry them yourself.
4. Watch out for your friends, and vice versa.
5. Remember that most people who have been victims of violence intuitively sensed danger and safety
concerns.
6. If someone is making you uncomfortable, especially in a situation where there could be the risk of harm,
trust your instinct and take the necessary steps to ensure your safety.
7. Be clear about whether or not you are CONSENTING to sex.
8. Be clear about whether your partner is CONSENTING to sex. REMEMBER that someone who is
incapacitated through alcohol or drugs is not capable of giving consent.

INVESTIGATING SEXUAL ASSAULTS

GUIDING PRINCIPLES IN ASSESSING CHILD SEXUAL ABUSE

• Best interest of the child is the primary concern.

• Only trained officers should be involved in the investigation of child sexual abuse to minimize and
eliminate additional trauma that may be caused by the investigation process.
• Remember that child victims are more complex to handle compared to adult victims.
• Uphold confidentiality and right to privacy.
• Be gender-sensitive; avoid discrimination.

NOTE:

• Usually, rape victims do not go directly to the authorities to report the rape. An intermediary is often
involved (family member or kin, friend or confidant, authority figure such as teacher or priest, barangay
officials)
• The reporting of the rape to the public authorities sets in motion the process of investigation but
sometimes, several elements of a rape investigation have been completed even before the rape is
officially reported.
• There are many points for, and ways of, reporting a rape. But it can only be said that the legal system has
officially intervened when the rape complaint has reached the police, the NBI or the prosecutor’s office.
• The initial contact with any of the helping professionals and public authorities and the manner in which
they treat the victims set the stage for further proceedings.

Police Investigation of Rape Cases

BASIC REQUIREMENTS IN INVESTIGATION:

• Recognize and ensure that the right to privacy of the victim is respected;
• Ensure that only persons expressly authorized by the victim are allowed inside the investigation room;

28
 • Ensure that the name and personal circumstances of the victim and the suspect or any information
tending to establish their identities are not disclosed to the public, including the media;
• Conduct the investigation in a language or dialect known to the victim.

Investigation Methods:

• Interview of the Victim

• Surveillance and observation of suspects and other persons
• Entrapment of suspects when feasible
• Search of premises, seizure of objects, and arrest of persons, subject to constitutional and statutory
safeguards
• Examination of public and other available records pertaining to the persons involved and collection of
copies of pertinent entries
• Arrests of suspects without warrant under the circumstances specified by law
• Interrogation of suspects in police custody, with meticulous observance of the rights granted to them
by the Constitution

THE INTERVIEW

 Note that the process of obtaining information from the victim is an INTERVIEW not an Interrogation.

 In most cases, interviews are the only source of information and a great part of the investigation is
devoted to them.

 It is in the interview process that many victims complain of further traumatization or victimization. It is thus
important for the investigator to remember that during the interview, “the victim is being asked to discuss
with a stranger the details of probably the most traumatic and personal experience of her life”.

NOTE:

 Usually, rape victims do not go directly to the authorities to report the rape. An intermediary is often
involved (family member or kin, friend or confidant, authority figure such as teacher or priest, barangay
officials)

 The reporting of the rape to the public authorities sets in motion the process of investigation but
sometimes, several elements of a rape investigation have been completed even before the rape is
officially reported.

 There are many points for, and ways of, reporting a rape. But it can only be said that the legal system has
officially intervened when the rape complaint has reached the police, the NBI or the prosecutor’s office.

 The initial contact with any of the helping professionals and public authorities and the manner in which
they treat the victims set the stage for further proceedings.

POLICE INVESTIGATION OF RAPE CASES

BASIC REQUIREMENTS IN INVESTIGATION:

 Recognize and ensure that the right to privacy of the victim is respected;

 Ensure that only persons expressly authorized by the victim are allowed inside the investigation room;

 Ensure that the name and personal circumstances of the victim and the suspect or any information
tending to establish their identities are not disclosed to the public, including the media;

 Conduct the investigation in a language or dialect known to the victim.

Investigation Methods:

 Interview of the Victim

 Surveillance and observation of suspects and other persons

 Entrapment of suspects when feasible

 Search of premises, seizure of objects, and arrest of persons, subject to constitutional and statutory
safeguards

29
  Examination of public and other available records pertaining to the persons involved and collection of
copies of pertinent entries

 Arrests of suspects without warrant under the circumstances specified by law

 Interrogation of suspects in police custody, with meticulous observance of the rights granted to them by
the Constitution

The Interview

 Note that the process of obtaining information from the victim is an INTERVIEW not an Interrogation.

 In most cases, interview are the only source of information and a great part of the investigation is devoted
to them.

 It is in the interview process that many victims complain of further traumatization or victimization. It is thus
important for the investigato to remember that during the interview, “the victim is being asked to discuss
with a stranger the details of probably the most traumatic and personal experience of her life”.

Common Data Obtained in Background Interview

 Date and time of the interview

 Full name, civil status, occupation and address of the victim

 Full name, civil status, occupation and address of the suspect

 Educational background of the victim

 Length of acquaintance with the suspect

 Type of contact with the suspect, whether business, social or familial

 Degree of association with the suspect, whether daily, occassionaly or rarely

 The date when the victim last saw the suspect

 Names of the victim’s and the suspect’s parents, brothers and sisters

Suggested Guidelines in Interviewing the Victim

 The initial interview of the rape victim is a very important process and must be conducted properly on a
one to one basis ina setting that is private and comfortable.

 The objective of the interview is not only to facilitate the prosecution of the crime but also to address the
needs of the victim and contribute to her recovery and empowerment.

 Maintain comfortable distance from the victim. Bear in mind that the victim most probably does not want
to be touched or have any form of physical contact especially with a stranger.

 Introduce yourself, your title and functions.

 You can start by asking her how she wants to be addressed. Do not presume the right to call her by her
first name. Ask her if she feels comfortable with it.

 Explain to the victim the purpose and process of the interview. Explain your role in the process.
Encourage her to ask questions.

 Use a language or dialect known to the victim.

 Establish rapport with the victim thoughout the interview.

 Cultivate the trust and confidence of the victim. Emphasize that her identity and whatever she says is
confidential and shall remain so if it is her wish.

 The investigating police must avoid making comments, remarks, gestures or any physical or facial
reaction that the victim may interpret as disbelief, suspicion, blaming, mockery, disdain, disgust or
disapproval.

 Ask questions gently and do not force the victim to reveal anything she is not yet prepared to divulge.

 The officer should rfrain from asking “why” questions. Instead, the investigato should ask open-ended
questions that is non-threatening and non-judgmental. (E.g. Avoid asking “Why did you go out so late that
night?” or “Why did you not fight him?”) Instead, ask, “Please describe what happened.” or “Did you have
any reason for going out at night?”

30
  Allow the victim to talk at her own pace. She should not be rushed but allowed to answer fully each
question. Be aware and sensitive of the varying verbal and non-verbal reactions of the victim. Be able to
adjust your questions based on the victim’s reactions.

 Listen attentively and encourage the victim to talk and express her feelings.

 Pay attention to expressions of guilt, fear, humiliation,etc. Assure the victim that it was NOT her fault or
that she did not ask for tha assault.

 There are no guidelines as to how extensive the initial interview should be. Be able to exercise your
judgment and be guided by the victim;s reaction. Involve the victim and allow her to decide if she wants to
proceed with the interview. This would give the victim a sense of control over her person, which the crime
of rape deprived her of.

 Ensure that the victim understands the objective of the documentation and that the methods does not
offend the victim’s sensibilities.

 Inform the victim of her rights, as well as of the remedies available to her. The initial interview is also the
time to inform the victim of the complex medical, investigative and legal process that she will encounter.

 Before ending the interview, advise the victim of the next step in the investigative process.

 Ask the victim if she has questions.

 Thank the victim.

Other Duties of Investigating Officer:

 Explain to the victim the psychosocial services, such as counseling, that are available. Even if she
expresses no need for psychosocial assistance, provide her names and contact numbers of agencies and
persons she can approach should she decide to ask for their services.

 Assess the risks to the victim’s safety and ask her if she needs help in securing her safety especially
when the suspect is at large, lives in the same community or is a member of the victim’s family enabling
him to intimidate, harass or commit other crimes against the victim or the victim’s family.

 Must preserve all the evidence that may be needed in filing the charges

 Have the victim undergo a medico-legal examination at the earliest possible time, but it should be done
with the written consent of the victim. Even if a considerable time has lapsed between the rape incident
and its reporting, it is still beneficial to subject the victim to a medical examination as significant findings
could still turn up.

 Assist victim in obtaining a lawyer, one who is sensitive to her needs.

FOLLOW UP INVESTIGATION

• The follow-up investigation is necessary as the victim may remember additional details after the first
interview.
• The investigating officer may request the victim to accompany the officer to the crime scene to search
for additional evidence or clarify details of the rape.
• Follow-up interview should be done on a one on one basis, private and at a comfortable location.
• The victim may be called upon to identify the suspect by photo or live line up.

Securing and Protecting the Crime Scene

 Follow the procedure in crime scene processing (or request for SOCO assistance if needed)

 Locate possible witnesses to the crime by conducting random interviews to neighbors, close relatives of
the victim or any other person who may provide information regarding the rape incident.

Documentation

 The entire investigation process, from the initial interview to follow-up interviews, search of the crime
scene up to the preservation of evidence, must be documented in writing or through audiovisual means.

DIFFERENT METHODS OF DOCUMENTING RAPE INVESTIGATION:

a) Making a Mental Note

Advantage: Permits uninterrupted flow of information without inspiring caution due to the appearance of pencil
and paper

Disadvantage: Untrained memory may come away from the interview with little more than a general impression
and safe phrases
31
b) Disc, Tape or Wire Recording

- found to be the simplest and most practical means of reproducing the interview or the interrogation

- rewuires physical preparation and a moderate degree of technical facilities

c) Photographs, Sketches and Descriptions of CS and Items Found Therein

- usually presented as documentary and object evidence and are often times accorded great weight in the
evaluation of evidence

Importance of Taking Photographs and Sketches

 “Photographs of physical evidence are of great relevance, including the use of measurement scales when
appropriate. The representation of observable evidence in relation to the entire scene will ultimately
enable the evidence to be connected in the courtroom with the crime scene, the victim, and the suspect.
Also, photographs of physical evidence can be a major component in establishing the chain of custody of
items from the scene introduced in the courtroom.”

 The follow-up photographs are an outgrowth of the crime scene investigation. Photographs of a victim or
suspect showing bruises, wounds, or bite-marks are examples of this category. Integration of the
information recorded photographically at both the actual scene and during follow-up activities will produce
greater depth of understanding of the realities of the crime scene itself.

 “A sketch or diagram is a commonly neglected method that can be used to document certain important
conditions at a crime scene… A sketch gives true distance relationships that will compliment and
supplement photographic representations of the CS. The locations of all pertinent evidence can be set
forth in a sketch for display in court. A sketch can also be made of locations or items that are very difficult
to photograph in a manner that shows desired conditions and details.”

Using the Investigator’s Notebook

 Most investigators find it useful to keep a notebook for recording notes and relevant information from
each case. By keeping the investigator’s notebook and pen with him at all times, the officer can
ensure that all relevant information is written down and nothing is forgotten.
 The officer may later refer to it in order to refresh his memory when testifying in court.
 “Bible” of the case
 Facts of the case
 Name and address of the victim
 Names and addresses of the victim’s family members and friends whom you have met
 School and teachers of the victim (if applicable)
 Employer and coworkers of the victim (if applicable)
 Observations about the case and any insights
 Members of the investigation team
 All reports received from team members
 List of persons interviewed and their statements
 NOTE: Under each person listed, record the following:
o When you conducted the interview
o Where you conducted the interview
o What the person told you in response to a question (you may also need to record the
questions you asked)

Important Things to Remember:

 Record Everything

 Write Everything Down Immediately

 Work in Pairs (both should take notes)

 Separate Facts from Assumptions

Remember:

- Facts do not change

- Facts could be merely circumstantial evidence
- Facts could be discrepancies you may have noted either at the CS or in the interviews you have
conducted

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  Review Your Notes Daily

Police Blotter

 Any victim, even a minor, has the right to make a complaint for crimes such as rape and acts of
lasciviousness as rape and other forms of child abuse are considered public crimes. Thus, they must be
pursued even if the original complainant later desists or becomes uncooperative.

 Each Women and Children Protection Center (WCPC) must maintain a separate and strictly confidential
police blotter where all reports and dispatches involving crimes against women or children are recorded.

 When offended party or witness reports that a crime has been committed, the police officer should
ascertain her needs immediately by conducting an initial interview to make a report and begin
investigation.

 Initial interview should be conducted in private.

 It’s the police officer’s responsibility to ensure that only persons authorized shall be allowed inside the
interview room.

 It’s preferable for female officers to deal with female victims.

Questions at this point:

 Is the victim safe? (to determine if immediate referral to a physician is necessary)

 Is medical care needed?

 When did the crime occur? (If within 72 hours, there is a need for an immediate medico-legal
examination.)

 Is there forensic evidence on the victim to be collected?

 Who did it? (Suspect may still be in the area and pose a threat to the victim)

 Where did the crime occur? (crime scene should be secured immediately if crime occurred recently)

 Was there anyone else there? (there may be witnesses to the crime)

Challenges when Victim is a Child

 Children are more challenging to question because their language skills are different from that of adult
victims and they are more likely to become traumatized during the investigation process.

 When social worker is unavailable, the desk officer must be familiar with conducting the initial interview in
a sensitive, child-friendly manner.

Forensic Interview of Victims

LANGUAGE OF CHILDREN

 When a child is interviewed about allegations of sexual abuse, she is expected to be able to tell what
happened, where it happened, when it happened, who did it and even the probable reasons why the
offender did it. There is the expectation that the child will remember facts as that of an adult.

 In reality, depending on their age and stage of development, children may not be able to answer the
questions asked.

 But, this does not mean that young children do not make a good witness; even young children are
capable of narrating what happened if interviewed appropriately.

 A good interview is not dependent of the child, it depends upon the skill of the interviewer.

Children and Memory

 Children have the same ability as adults to store information in their memory. They do not, however, have
the same ability to remember as adults.

 There are 3 ways to recover stored memory from the brain. The strategy that the child uses depends
upon her stage of development.

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 a) RECOGNITION

• simplest form of remembering and is used by very young children

• This is the memory activated by seeing (actual or representation) or by comparison.
• May require the interviewer to ask the child to pick from a selection of answers or to confirm or deny a fact
in question
• The child’s answers will be short and there is moderate to low confidence in the accuracy of the
information.

b) RECONSTRUCTION

• used by children with limited language ability

• Usually expressed through re-enactments, demonstrations of what was seen or done.
Ex. The child may use dolls to show how an act occurred. (Never allow reenactments by the child herself
if sexual abuse)

c) RECALL

• The child is able to recover stored details of the event from her memory and tell her story spontaneously
when asked.
• Young children may not be as capable as older children in doing this.
• Children will recall fewer details than adults, but they may also have fewer mistakes.

The ff areas must be used with caution when interviewing children:

1) Words with adult meaning

- avoid using adult words such as “rape” because the child may have completely different understanding
of what it means

- E.g. Rape to a child might mean one person being ontope of another person.

2) Prepositions

- At approximately four years of age, children may understand and use prepositions such as “on top”, “in
front”, “put inside”. However, they may mix up the meaning.

3) Pronouns

- When asking questions, the interviewer must clearly identify the person they are discussing by suing
that person’s name rather than using pronouns such as he, she or “siya”.
- Children get confused with long sentences involving more than one person.
- In the example below, the child does not undertand to whom the word siya refers:
 Q: “Noong pumunta kayo sa simbahan, si Mommy at si Daddy and kasama mo, nagalit
ba siya?
 A: “Hindi po siya nagalit, si Mommy and nagalit.”

4. Chronology

- Young children cannot arrange a story sequentially with a clear beginning, middle and end. They may
not know where to start and which details are important.

5. Comparisons

- Children have difficulty with comparisons. Without the persons or things present in front of the young
child, she will not be able to answer questions comparing them.

E.g. young children younger than 5 y/o cannot compare the characteristics of one person with another,
even if both are familiar to the child.

- Interviewers must carefully phrase questions requiring comparisons.

6. Recognizing Pictures

- Children less than 10 y/o have a difficult time recognizing people they do not know.

- Children find it easier to identify a person presented on a live lineup rather than from a grouo of
photographs.

7. Interpreting Action of Others

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 - Children younger than 7 y/o look at the world as if everything revolves around them. They think that they
are the cause and effect of events and assume that other people know what they are thinking and saw what they
did.

- Do not ask children at this age why an event happened or what the other person thought or felt.

8. Literal

- Young children below 7 y/o may have a very limited understanding of words; they are very literal and
unable to generalize
- e.g.:
Q: “Tinanggal ba niya and damit mo?”
A: “Hindi po.”
Q: “So mau suot ka noon?”
A: “Wala po. Tinanggal niya and shorts at T-shirt ko.”
- Children at this stage are unable to generalize; to them, “damit” or “dress” is not the same as “shorts”
or “t-shirt”

9. Time

- The time of an alleged crime is very important for investigation and prosecution; unfortunately children
younger than 9 years of age may not be able to give the exact time and date of incident.

- Children’s sense of time is ruled by the routine of their daily life such as before breakfast, arriving home
from school, while watching favourite TV show, etc.

- Children who do not have a grasp of time also have a hard time asnwering wuestions like “how many
times did it happen?” even though they know how to count.

10. Familiarity

- Children learn through experience and by interacting with their environments.

- They can relate to something only if it is familiar and within thir spheres of experience; consequently,
language is shaped by experience as well.
e.g.
Q: “Saang kwarto nangyari?”
A: (Silence)
Q: “Sa kwarto mo, sa sala, sa kusina, o sa banyo?”
A: (Silence)
- The child does not understand this because she libes in a one-room house.

11. Suggestibility

- This is the likelihood that the child will not remember what happened to her accurately and instead tell
a story that was influenced by other people.
- Children may be significantly influenced by the content of the question such as facts mentioned in
suggestive questions which may be adapted as truth by the child.
- Suggestibility is unlikely if the event was understood and deemed important by the child.

Goal of Forensic Interview

 Gather accurate information from the victim to serve as evidence in court

NOTE: The process of the interview is very important. It should not traumatize the victim and questions must be
asked in a manner acceptable in court.

- Voluntary disclosure relies mostly on one factor… TRUST.

Things to Consider in Forensic Interview

 The victim should be comfortable and also prepared for the interview.

 The one who interviews the victim must be the person who has received training to perform the forensic
interview.

 The interview should be done in a private room with only the interviewer present. (One-way mirrors are
helpful for observation.)

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4 Parts of Forensic Interview

1. Rapport Building
2. Developmental Assessment – purpose is to assess the capability of the victim to tell the story
3. Eliciting Information (open-ended questions are encouraged)
4. Closure

Sworn Statement (“sinumpaang salaysay”)

 Should be written in the form of questions and answers and not in narrative form
 It must also be written in a language known to and understood by the party giving the statement.
 Many court require the sinumpaang salaysay to be written in English. So, write exactly what the victim
says in the language she used in her sinumpaang salaysay but include in parenthesis your English
translation.

Content of Sworn Statement

 Name, address, and and personal circumstances of the offended pary, compainant or witness
 Name of person taking the statement, place, date and time when the statement was taken
 Name, address, age, and other personal circumstance, present whereabouts, physical description
and identifying marks or features, relationship (to offended party) of each respondent
 Place, date and time of the offense
 Manner of commission of the offense
 Names of witnesses, if any
 Reference to and description of all documentary and real evidence such as the medical report,
clothes, weapon, location, person who has custody, etc. (if applicable)
 Prior attempts or threats against the complainant
 Relevant statements including admissions made by the respondent before, during or after the
commission of the offense
 Aggravating and qualifying circumstances, such as night time, treachery, or use of superior force (the
prosecutor will need to allege this in the information later so it is helpful for the police to include it)
 Reason for delay in reporting crime, where appropriate

MEDICAL INDICATORS OF SEXUAL ABUSE

MEDICO-LEGAL EXAMINATION OF CHILDREN

2 Types of Medic-Legal Examinations

1) Acute Evidentiary Exam

- performed if the most recent episode of abuse occurred within the last 72 hours

2) Non-Acute Exam – performed if the most recent episode of abuse occurred more than 72 hours earlier

Evidence of blunt force or penetrating trauma

 Laceration of the hymen

 Bruising of the hymen
 Perianal lacerations deep to the external anal sphincter
 Healed hymenal transaction
 Absence of hymenal tissue

Further Conclusive Proof of Child Sexual Abuse:

 Finding sperm or seminal fluid on the child’s body

 Pregnancy
 Presence of Sexually Transmitted Diseases (STDs)
 Cases where photographs or videotape show the child being sexually abused
 HIV infection not due to other causes

Absence of Physical Findings

 According to recent studies, 80-85% of sexually abused children have normal medical examinations; that
is, although abuse occurred, physicians did not observe any injuries
 3 Possible Interpretation of Normal Findings:
o Nothing happened
o Something happened which did not cause injury
o Something happened which may have caused injury which has healed since the event occured

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Reasons Why Physical Findings are Absent

a) Forms of Abuse – Child sexual abuse committed can be with or without physical contact or contact,
such as fondling the child’s genitals, is not sufficient to produce injury.
b) Deliberate Avoidance of Causing Injury to the Child
c) Difference in Child and Adult View of “Penetration”
d) Elasticity of Hymen and Anal Sphincter
e) Delay in Disclosure and Examination – Children’s injuries heal fast and may even heal back to normal
f) Limitation of Equipment or Technique
g) Limitation of Examiner

What Physicians Cannot Tell:

 Exactly what object caused the injury

 When the injury occurred (once injury has healed)
 How many times it happened
 Who did it

Major Issues in the Evaluation of Medico-Legal Findings

 Probative value of medico-legal report

 Absence of hymenal laceration does not rule out rape
 Absence of spermatozoa
 “Virginity” and the “intact hymen”
 Size of the penis
 Preliminary Investigation and Inquest
 Arrest and Search
 Testifying in Court
 Handling the Media
 Civil and Criminal Liability of Police Officers

SEXUAL ASSAULT KIT

 a collection of evidence gathered from the victim by a medical professional / medico-legal officer
 the type of evidence to be collected depends on what occurred during the assault
 The contents of a kit vary but generally include swabs, test tubes, microscopic slides, and evidence
collection envelopes for hairs and fibers.

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