PRELIMS+MID Flashcards
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.
RAPE
Latin word which means to steal, seize, or carry away.
- It is the oldest
means by which a man seized or stole a wife.
RAPERE
An Act _________ the Definition of the Crime of Rape, _________the Same as a Crime Against Persons,
Amending for the Purpose Act 3185, as Amended, Otherwise Known as the Revised Penal Code, and for ___________”
THE ANTI-RAPE LAW OF 1997 (REPUBLIC ACT 8353)
EXPANDING
RECLASSIFYING
OTHER PURPOSES
3 Major Features: of the anti-rape law of 1997 ( republic act 8353
- Reclassification of Rape from a Crime Against Chastity to a Crime Against Persons
- 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 - 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
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-C. Effect of Pardon.
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.
Article 266-D. Presumptions
Rape under the Revised Penal Code (Act 3815) 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.
RECLASSIFICATION OF THE CRIME OF RAPE
Rape is now a _____rather than a private crime so its reclassification has a significant effect in the
prosecution of rape
PUBLIC
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 the old definition
The perpetrator and the victim of rape could be any of the sexes; 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)
Rape under RA 8353:
Insertion of one’s finger into the genitalia of another constitutes are?
rape through sexual assault
This is the most debated provision during the long process of enacting RA 8353
Rape: essence is lack of consent
CRIMINALIZATION OF MARITAL RAPE
no rape in marriage, except if legally separated
old law
Presence of marital rape regardless of status of marriage
RA 8353
The Supreme Court ruled that rape is consummated from the moment there is____________
CARNAL KNOWLEDGE
Rape is merely______ if its commission was not completed due to circumstances other than
the voluntary act of the accused.
ATTEMPTED
“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.
Evidentiary Presumption in Favor of the Rape Victim
Penalties of:
Rape by Carnal Knowledge-
Rape by Sexual Assault -
- Reclusion Perpetua ( 20 y and 1 d – 40 y)
- Prision mayor (6 y and 1 d – 12 y)
“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”
REPUBLIC ACT 8505
SALIENT FEATURES: of Republic act 8505
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
The __________- 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.
DSWD, DOH, DILG, DOJ and a lead NGO
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
is the lead agency in the establishment of the rape crisis center
DSWD
-Establish women’s desk in every police precint
-Female Police Officers to conduct investigation of rape cases where victims are women
PNP
- 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
Medico-Legal Officer
-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
Police Officer
- 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.
Respect for Privacy & Confidentiality
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
“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
Rape Shield Clause
2 types of sexual assault
- Inserting penis into another persons mouth or anal orifice
- Inserting any instrument or objects into the genital or anal orifice of another person.
-of a female was one of
the 1st terms used to connote sexual violence
- Defined as penile-vaginal penetration
- Black’s Law Dictionary: “coitus; copulation;
the act of a man having sexual bodily
connections with a woman; sexual
intercourse”
Carnal knowledge
In what case that the Court said that carnal knowledge is unlike the
traditional connotation of sexual intercourse, but this
was made in reference to the issue of whether full
penetration of the vagina is required:
In the context it is used in the Revised Penal Code,
“carnal knowledge,” unlike its ordinary connotation of
sexual intercourse, does not necessarily require that the
vagina be penetrated or that the hymen be ruptured. The
crime of rape is deemed consummated even when the man’s
penis merely enters the labia or lips of the female organ…
People vs. Quinanola (G.R. No. 126148, 05 May 1999)
The Supreme Court has held that penetration of
the penis by entry into the lips of the female organ
even without rupture or laceration of the hymen
suffices to warrant conviction for rape
TRUE
Laceration of the hymen is necessary to prove
the consummation of the crime of rape
FALSE ( Is not necessary dapat)
Absence of extensive abrasions on the vaginal
wall does not rule out rape, the slightest
penetration is enough
TRUE
Insertion of one’s finger into the genitalia of
another constitutes “rape through sexual assault”
TRUE
Force or intimidation in rape is a relative term,
depending not only on the age, size and strength of the
parties but also on their relationship with each other.
TRUE
in situations where there was no physical
force or violence but the perpetrator was able to
coerce the victim by inducing fear
THREAT
– Insane / Feeble-minded
– Mental abnormality / deficiency / disorder
Need not be complete deprivation of reason
Deprived of Reason
– Asleep
– Drugged
– Sick
Unconscious
In our jurisprudence, carnal knowledge of a sleeping
woman is rape
TRUE
- Insidious words or machinations used to induce the
victim to act in a manner which would enable the
offender to carry out his design
– Promises of marriage
Fraudulent Machination
– Offender has moral authority / ascendancy over the
offended party
Incest (Father to daughter)
Stepfather to stepdaughter
Godfather to goddaughter
Grave Abuse of Authority
The law does not consider the consent to
the sexual act, given by a person under 12
years of age, to be voluntary does not
have a will of his / her own.
TRUE
mere touch of the penis on the
labia
Penetration
knife, gun; father-daughter
Intimidation
insane
Demented
mental
retardation, drugs, asleep
Deprived of reason or Unconscious
Insertion of finger into the genital or anal orifice is
considered rape by sexual assault
TRUE
Failure to shout or offer tenacious resistance
does not make it voluntary
TRUE
WCPU
Women and children protection unit (in hospital)
WCPD
Women and children’s desk (PNP)
There is no crime of frustrated rape in the ph
true
in consummation of rape perfect penetration is not essential.
true
Minor inconsistencies do not affect credibility.
true
psychotic signs and symptoms such as unusual fear, sleeplessness, suicidal thoughts, psychomotor retardation, poverty of thought content as well as depressive signs and symptoms that shows evidence of guilt of the accused.
Post- traumatic stress disorder
Between 1/3 to 2/3 of all victims of sexual assault around the world are aged_____ according to WHO report on violence & health 2002
15 yrs or less
the victims body is the primary crime scene in sexual assault cases.
true
within 3 days = more injuries
Acute
more than 3 days
Non- acute
shallow
laceration within 50% of the width of the hymen
deep
Laceration within more than 50% of the width of the hymen
Laceration 100% width
Complete
Laceration including the vaginal wall
Compound
active bleeding
Fresh
healing
w/ signs of inflammation
completely healed
Healed
It is used to magnify and photographically record ano-genital findings.
Colposcope
-Not investigative in the medico-legal sense.
- deals with symptoms complaints
Medical interview
-a fact finding procedures
Forensic Interview
