PSYCHOLOGICAL THEORIES

BEHIND RAPE
Borromeo, Gamboa, Mercado, Vitug

OUTLINE

Rape as a crime against

chastity (Act No. 3815)

Psychological theories behind

rape

Rape as a crime against

persons (RA 8353)

Possible amendments to RA
8353

RAPE AS A CRIME AGAINST CHASTITY

Act No. 3815: The Anti-Rape

Law of 1997

Honor as the main issue, not

consent

No category of by means of
fraudulent machination or grave
abuse of authority as to how it
is committed

No paragraph on sexual assault

PSYCHOLOGICAL THEORIES
BEHIND RAPE

BIOLOGICAL THEORY

Rape as an evolutionary tool

for a man to increase his
reproductive success by
circumventing the choice of
the woman (i.e. bearing his
child or not)

Rape as something biologically

entrenched within the psyche
of the male subconscious

Largely discredited, but still

cited as a justification by those
with traditional mindsets

Case: People v. Ceballos

COMMODIFICATION THEORY

Men have been acculturated to view sex as a commodity

Rape as a crime against property; akin to taking an object

Rape is solely about sex and the visceral pleasure it provides

Case: People v. Jumawan

DEVELOPMENTAL THEORY

Rape as a product of nurture, not

nature, brought about by an
insecure learning phase during a
childs developmental period

Child is taught to understand

that fear and violence are
acceptable means of achieving his
desires

Case: People v. Silvano

RAPE AS A GENDER-BASED HATE CRIME

Males feel superior to women and therefore feel entitled to sex,

which is a result of an imbalance of sexual dynamics in society

During the sexual act, men usually use sexually derogatory

terms such as bitch, slut, whore and the like to solidify
the feeling of superiority

Can be seen in our own justice system:

all rape cases known or available have only women as

victims

men can only be raped under the sexual assault definition

big dierence in punishment for rape (reclusion perpetua as

lowest) and sexual assault (prision mayor as lowest)

CONTROL THEORY

Rape not as a matter of sex, but an attempt to control a

person physically and emotionally

The feeling of having control is what arouses the man

This broadens the scope of what rape can be, and envisions
men as potential rape victims as well

Case: People v. Siao

RAPE AS A CRIME AGAINST PERSONS

Chastity: implies that rape can

only occur if the woman is
chaste or virtuous

Women who are no longer

virgins should still be able to
decline sexual advances, and can
therefore still be raped

Rape aects the entirety of the

self: not merely physical harm,
but also emotional and
psychological harm

#YesMeansYes

POSSIBLE CHANGES TO RA 8353

Equalize the punishment for

rapes committed against men

Re-categorize or reconceptualize crimes against

chastity