Anti-rape law (Philippines-R.A. 8353)

1. Anti-Rape Law
Republic Act. 8353
Presented by:
Selena Manalansan
and
Joshua Tan

2. INTRODUCTION
Opening Statement
Rape as an act of violence
Reasons of its commission
The truth behind rape

3. INTRODUCTION
Significance of the Study
Statistics of Rape
Rape under the
Revised Penal Code (RPC)
Rape under
Republic Act No. 8353

4. INTRODUCTION
PURPOSE
1. TO INFORM
2. TO EXAMINE
3. TO INSPECT
4. TO PERSUADE

5. INTRODUCTION
OVERVIEW OF RA 8353
Rape has always been a gravely intolerable act in our society.
Amended on September 30,1997.
Punishable by Reclusion Temporal to Reclusion Perpetua
Effects of pardon

6. INTRODUCTION
OVERVIEW OF RA 8353
RAPE - WHEN AND HOW COMMITTED
"1) By a man who shall have carnal knowledge of a woman under any of the ff 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.

7. INTRODUCTION
OVERVIEW OF RA 8353
CIRCUMSTANCES PUNISHED BY DEATH PENALTY
when the reason or occasion of the said rape a homicide is committed.
when the victim is under 18-years-old and the offender is a parent, guardian, ascendant, or relative w/in 3rd civil degree.
when the rape was committed in the full view of any: husband, parent, siblings, and relatives w/in 3rd civil degree.
when the victim is a religious engaged in legitimate religious vocations, and is known by the offender to be so.
when the victim is below the age of 7.
when the offender knows that he is afflicted with HIV or AIDS or any other diseases that can be sexually transmitted.
when the crime was committed by a member of the AFP, PNP or any other law enforced agency or penal institution,
wherein the offender took advantage of his position to commence the crime.
when by the reason of the action, the victim suffers permanent mutilation or any forms of disability.
when the offender knew the victim was pregnant or with child
when the offender knew the victim suffers a mental disability, emotional disorder, or physical handicap at the time of
rape.

8. INTRODUCTION
OVERVIEW OF RA 8353
CIRCUMSTANCES PUNISHED BY RECLUSION PERPETUA
when the rape is committed with the use of a deadly weapon or by two or more people.
when the act has made the victim insane.
when the rape is attempted and a homicide is committed in result of such an action.
when by reason or on the occasion of the rape, homicide was committed.

9. INTRODUCTION
OVERVIEW OF RA 8353
EFFECTS OF PARDON
It is ruled that the subsequent valid marriage between the offended parties shall eliminate the
criminal action or the penalty imposed.
In the event that the legal husband is the offender, the authentic forgiveness emanated by the wife as
the offended party shall deter 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 from the start.
In addition to this, 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 the incapacity of
giving valid consent, may be accepted as evidence in the prosecution of the acts.

10. RA 8353 in a nutshell
i planned on putting a pun here but i got tired

11. CRITIQUE PROPER

12. DISTINCTIONS BETWEEN AGES
"d) When the offended party is under twelve (12) years of age…”
Penalty: Reclusion Perpetua
"5) When the victim is a child below seven (7) years old;”
Penalty: Death Penalty

13. DISTINCTIONS BETWEEN AGES
Definition of a child or minority under the constitution
The ‘consent’ of all children
The physical identity of a child
Comparing the capabilities of the child

14. DISTINCTIONS BETWEEN AGES
VERDICT: INCONSISTENT

15. DISTINCTIONS BETWEEN AGES
SOLUTION #1
Compact the two provisions into
one that would govern rape cases
involving children
SOLUTION #2
Generate a systematic formula
that bases the sentence of the
convict from the age of the child

16. MATURITY
"d) When the offended party is under twelve (12) years of
age... even though none of the circumstances mentioned
above be present.

17. MATURITY
Difference from first analysis
Treatment of cases involving children above eleven years
Loss of the dispensable circumstances
“even though none of the circumstances mentioned above be present”

18. MATURITY
VERDICT: UNCONSTITUTIONAL

19. MATURITY
SOLUTION
Identify the reality of ‘maturity’
Widen the range of the interval

20. MENTAL DISABILITIES
"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.

21. MENTAL DISABILITIES
Amnesia VS Alzheimer’s
Case of Lanarkshire Care Home
Disease is not material to the crime

22. MENTAL DISABILITIES
VERDICT: NOT APPLICABLE IN SOME CASES

23. MENTAL DISABILITIES
SOLUTION:
Create a more detailed provision that will justify certain types of
diseases, illnesses or any other form of psychological incapacities

24. DISTINCTIONS OF DEFINITIONS
"1) By a man who shall have carnal knowledge of a
woman…”
"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.”

25. DISTINCTIONS OF DEFINITIONS
The ‘in-difference’ between the two provisions
The foundation where rape was established
Does it matter where the penis is inserted?
A crime with two descriptions

26. DISTINCTIONS OF DEFINITIONS
VERDICT: UNCONSTITUTIONAL

27. MATURITY
SOLUTION
Punish both of the
provisionsequally

28. CONCLUSION
Summing it all up...
The flaws in laws
New modernities
The way we live
Small revisions
A changing world

29. QUESTION TIME
dan is a poopoo head