Professional Documents
Culture Documents
Rape is one of the most prevalent forms of violence against women (VAW) in the
Philippines. Reported rape cases ranked third (13.1%) of the total reported VAW
cases in the country from 1999 to 2009. The hard fact is that this is not yet the true
representation of the problem. Due to cultural and social stigmatization associated
with rape, many women victims prefer to maintain their silence and not report their
ordeal to the authorities.
The government with the aid of NGOs have taken initiatives to set up crisis centers
for rape survivors in collaboration with the different sectors of the community to
help victims deal with the trauma and encourage them to report rape. Several raperelated laws have also been passed to address the concern. Through the provision
of suitable legal support and health services, it is hoped that women victims of rape
be encouraged to come forward for proper intervention and justice to be served
accordingly.
Republic Act No. 8353, known as the Anti-Rape Law of 1997, expanded the
definition of the crime of rape and re-classified it as a crime against persons.
Previously, it was classified as a crime against chastity, and belonged to the group
of crimes that include adultery, concubinage, acts of lasciviousness, seduction,
corruption of minors and white slave trade. As a crime against persons, the law no
longer considers it as a private crime. Anyone who has knowledge of the crime
may file a case on the victim's behalf. Prosecution continues even if the victim
drops the case or pardons the offender.
What are the laws relating to rape and what are the penalties for perpetrators under
these laws?
In the Philippines, there are two laws enacted that directly address rape namely:
Under R.A. 8353, the penalties for rape perpetrators vary depending on the act
itself and the circumstances surrounding it. These are the following:
--http://www.pcw.gov.ph/focus-areas/violence-against-women/rape. 11:21am,
9/15/15
The girls ordeal occurred just hours before rape-slay victim Anria Espiritu was
laid to rest in Calumpit, Bulacan. Espiritu, 26, was found dead the week before; her
body bore multiple stab wounds, and authorities believe she may have been raped
by more than one assailant.
Espiritu and the teenager's cases are the most recent to hit the headlines. However,
rape incidents reported in the news are far fewer compared to those actually
reported to authorities.
In 2013, the Philippine National Police Women and Children Protection Center
(PNP-WCPC) recorded a total of 5,493 rape incidents involving women and child
victims. Thats approximately one reported rape incident every 96 minutes.
But consider this: the PNP-WCPC is just one of several units that report crime
data. Its mother unit, the PNP Directorate for Investigation and Detective
Management (PNP-DIDM), consolidates crime reports from all reporting units.
Last year, the PNPs annual report based on DIDM data tallied as much as 7,409
reported rape incidents, or one every 72 minutes.
Consider, too, that these are just the reported rape incidents.
Batay sa aming experience, ang isang nabibiktima, lalo na 'pag bata, 'di kaagad
siya nagkukuwento. Lalo na 'pag tinatakot, said CWR Executive Director Jojo
Guan in an interview with GMA News Research.
Pina-process din muna ng isang rape victim sa sarili niya kung anong nangyari sa
kaniya. At usually, ano yun, talagang depression muna. Kaya isang brave step 'pag
ikaw ay nakapag-report,she added.
(Based on our experience, a rape victim more so a child rape victim does not
immediately report her ordeal, especially when shes being threatened the rape
victim tries to process what happened to her, and usually, depression sets in.
Reporting the rape is already a brave step on the victims part.)
While its difficult to quantify the extent of unreported rape incidents, Guan said it
was evident when CWR got to talk to people during community orientations on
violence against women and children.
(A lot of people tell us, sometimes they recount their stories in third person our
neighbor, I have a friend. When we ask them whether they reported the
incident to the barangay or to the police, they would say no They are scared,
they are ashamed. Those anecdotes that we get from the people weve spoken to
mean there are still many who do not go [to authorities].)
Available official data on those that did report their rape reveal a disturbing trend.
Based on data in the past 15 years, three out of four rape incidents reported to the
PNP WCPC involved child victims.
A much smaller dataset from the Department of Social Welfare and Development
(DSWD) show that nearly half of the child rape cases that they served last year
involved children younger than 14 years old.
Earlier this month, a man in San Juan City was caught on CCTV carrying off an
11-month-old baby girl who was later found dead under a jeepney. Medico legal
findings show evidence that she was raped.
PNP WCPC Chief Juanita Nebran explained that children are indeed more
vulnerable to abuse. Sila yung walang kakayahang lumaban... takot sila, at andyan
pa yung hiya, she told GMA News Research in a phone interview.
([The children] do not have the capability to fight back they are scared, and at
the same time they are ashamed.)
CWRs Guan shared a similar observation, adding that an adult rapist would take
advantage of a childs submissive nature.
Nakikita niya na ito, ay hindi ito lalaban sa 'kin magagawa ko lahat ang gusto
ko sa kaniya, she said. (He sees that the child victim will not fight back, and that
he can do anything he wants with the child.)
The PNP WCPC data also show an increasing trend in reported rape incidents in
recent years. Last years figure (5,493, already mentioned in an earlier paragraph)
was a record high coming from 3,294 reported women and child rape incidents
way back in 1999. The 15-year average chalks up to 3,889 reported rape incidents
per year.
Nebran attributed this trend to a number of factors. One is that as the population
grows, so does the likelihood of more crimes to be committed. Another is that the
PNP in recent years has been striving to get the true crime picture. This meant
that crime reports now included those coming from barangay blotters and other law
enforcement units, not just data from police units.
While the thought of increasing reports of rape may sound horrific, it indicates that
victims are becoming bold enough to come out.
Hindi naman sa wala kaming ginagawa kaya lumalaki yung bilang. Marami na
kaming kakayahan ngayon, maraming agencies na tumutulong. Hindi naman po
kami nagpapabaya, she added.
(Its not that [the rape incidents] are increasing because were not doing anything
about it. We are now more equipped, there are more agencies helping us. Were not
being lax at our jobs.)
The reported rape incidents based on last years PNP WCPC data are highest in
CALABARZON and the National Capital Region. Except for ARMM which
tallied only 29 incidents, all regions recorded more than a hundred incidents.
Kung mataas nga ang awareness dun sa community na ito ay pwedeng ihapag sa
barangay o sa pulis, mas marami ang ma-re-report. Kaya kung titingnan mo rin,
marami sa NCR. Kasi dito, maraming awareness-raising, at yung nearby
communities, Guan said.
Guan said while other areas were just as likely to have a high rape incidence, the
statistics may not necessarily bear this out. She said the culture of silence
strongly prevailed in those areas, especially in the Muslim provinces.
(If the awareness in a community is high, if they know that they can approach the
barangay or the police, then more victims will report. If youre going to look at the
data, there are more reported cases in NCR. That is because there are a lot of
awareness raising activities here and also in the nearby communities.)
Those who do decide to report their rape face even more challenges, according to
Guan. A rape victims resolve to take action may be affected by how her family and
the attending authorities would handle her delicate situation.
(Rape victims need the support and understanding of the people close to them.
But if those closest to them are the ones who give up and back out especially in
the case of minor victims whose parents lack that support system, a rape victim
will really back out.)
CWR has observed cases where authorities asked judgmental questions -- Bakit
kasi gabi ka na umuwi? Ano ba yung damit mo? Bakit di ka nagpasama?... Bakit
ka nakipag-inuman doon, kababae mong tao? that made rape victims blame
themselves for what happened to them.
(Why did you come home late? What clothes were you wearing? Why didnt you
ask someone to accompany you? Youre a girl why did you join the drinking
session?)
And then there is the matter of whether to push through with filing a case or not
against the assailant. Victims who have no financial means are particularly
handicapped when it comes to seeking justice, Guan said.
Ang iisipin nila, pa'no ba yung lawyer, yung pagbabayad nun, yung pagbabyahe
sa korte. Yung sistema mismo natin ay hindi nag-e-encourage na mag-pursue ang
isang biktima ng kaso dahil napakabagal ng justice system, napakabagal ng
decision.
(They will be thinking about how to pay for the lawyers fees and the cost of
travelling to and from the court. Our justice system does not encourage victims to
pursue a case because the system is very slow, and it takes a long time to come up
with a decision.)
Where the PNP can intervene, it does so as best as it could. WCPC chief Nebran
said that the PNP had intensified trainings and specialized courses to constantly
improve how authorities dealt with women and children victims of abuse. These
trainings complement the information awareness campaigns that they conduct in
public.
But authorities can only do so much. Ultimately, it still boils down to the rape
victims willingness to come forward.
Hindi namin sila matutulungan kung tatahimik lang sila, WCPC chief Nebran
said. NB/JST, GMA News
Increasing such age of consent to at least 16 years of age will generally provide
greater protection against abuses to girls and minors.
WHAT ARE THE EXISTING LAWS OR POLICY ISSUANCES RELATED
TO THE ISSUE?
Section 12 of RA 9710 or the Magna Carta of Women (MCW) provides for the
amendment or repeal of laws that are discriminatory to women which, among
others, include RA 8353 on removal of subsequent forgiveness and valid marriage
clause.
Article II Section 11 of the 1987 Philippine Constitution provides that the State
values the dignity of every human person and guarantees full respect for human
rights.
HAS THE SUPREME COURT ISSUED A RULING RELATED TO THE
ISSUE? OR WHAT ARE THE RECENT RULINGS OF THE SUPREME
COURT RELATED TO THE ISSUE?
Case law has it that the failure of the victim to shout or offer tenacious resistance
does not make voluntary the victims submission to the criminal acts of the accused
(People v. Pepito, G.R. Nos. 147650-52, October 16, 2003). Resistance is not an
element of rape and the absence thereof is not tantamount to consent (People v.
Dizon, 367 SCRA 417 (2001)). The law does not impose upon a rape victim the
burden of proving resistance (People v. Talavera, G.R. Nos. 150983-84, November
21, 2003). In fact, physical resistance need not be established in rape when
intimidation is exercised upon the victim and she submits herself against her will to
the rapists lust because of fear for life or personal safety (People v. Umbana, G.R.
Nos. 146862-64, April 30, 2003). Indeed, it has been said that, in rape cases, it is
not necessary that the victim should have resisted unto death or sustained injuries
in the hands of the rapist. It suffices that intercourse takes place against her will or
that she yields because of a genuine apprehension of great harm (People v.
Dagami, G.R. No. 136397, November 11, 2003)[8].
Physical resistance need not be established when intimidation is brought to bear on
the victim and the latter submits herself out of fear. As has been held, the failure to
shout or offer tenuous resistance does not make voluntary the victims submission
to the criminal acts of the accused (People v. San Antonio, Jr., G.R. No. 176633,
September 5, 2007, 532 SCRA 411, 428). Intimidation is addressed to the mind of
the victim and is, therefore, subjective (People v. Castro, G.R. No. 172691, August
10, 2007, 529 SCRA 800, 809-810; citing People v. Ilao, G.R. Nos. 152683-84,
December 11, 2003, 418 SCRA 391)[9].
something to someones intimate bits which you know s/he has not consented to or
is unable to consent to, you are committing sexual assault or rape.
The Oxford City Council is running a campaign called Check Consent. Theyre
reaching out through posters, beer mats and social media to challenge unhealthy
attitudes towards sex and prevent violence and abuse in relationships.[12]
National laws of other countries and statutes of international tribunals increasingly
stipulate principles on the use of presumptions with regards to the existence or
absence of consent. For example, Article 75 of the UK Sexual Offences Act of
2003 states that proof of violence or threats prior to sexual intercourse rule out
consent. Conversely, consent cannot be inferred on the grounds of the silence, or
lack of resistance by a victim against sexual violence as stated in Rule 70 (c) of the
International Criminal Court (ICC) Rules on Procedure and Evidence.
Most of the countries in Southeast Asia like Brunei, East Timor, Indonesia,
Malaysia, Singapore, Taiwan, peg the age of consent at 16, meaning, sexual
intercourse with a minor under 16 will be treated as a sex crime and is punishable
in their common law even if consensual. Only the Philippines has the lowest which
sets it at 12 while Japan and Vietnam at 13.
WHAT ARE THE CONSIDERATIONS IN ADDRESSING THIS ISSUE IN
THE COUNTRY
Promoting womens rights and gender equality Rape is a crime involving power
relations between the offender and the victim, and rooted in male dominance and
female subordination. It is no doubt, the result of disparities in the status and
situations of women and men; between the more powerful and the oppressed. The
Anti-Rape Law should be viewed from a perspective that promotes the right of the
more vulnerable groups and ensuring their freedom from violence.
Responding to International Commitments
Article 2 of the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) called on the States Parties to condemn discrimination
against women in all its forms, agree to pursue by all appropriate means and
without delay a policy of eliminating discrimination against women. The 2006
CEDAW Committee Concluding Comments on the 5th and 6th Philippine Country
Report raised concerns over the Anti-Rape Law of 1997 and recommended the
repeal of the provision pertaining to the extinguishment of the criminal action.
The CEDAW Committee also recommends that concrete measures be taken to
ensure that all legal procedures in cases involving crimes of rape and other sexual