RA 8353
ANTI RAPE
LAW
Presentor:Diana Marquez
Khirvey Hablado
Allyah Tumarong
DEFINITION OF RAPE
Rape is a criminal offense that typically
involves non-consensual sexual intercourse or
sexual penetration of another person. It is
characterized by unlawful sexual activity and
usually involves forcing or threatening the
victim. Rape is a serious offense with
significant physical, emotional, and
psychological consequences for the survivor.
RA 8353 ANTI RAPE LAW
RA 8353, also known as the Anti
Rape Law, is a legislation enacted to
protect individuals from rape and
other forms of sexual assault. It
criminalizes sexual acts committed
without the victim's consent and
establishes penalties for offenders.
This law aims to empower survivors,
promote justice, and create a safer
environment for all.
KEY PROVISIONS OF RA 8353
RA 8353 includes provisions such as the
definition of rape, consent, and penalties
for offenders. It recognizes that consent
must be freely given, and any sexual act
without consent is a crime. The law also
emphasizes the importance of victim
support, confidentiality, and the need for
comprehensive education on consent
and sexual violence.
Scope of RA 8353
RA 8353 applies to all forms of sexual
assault, including rape, sexual
harassment, and exploitation. It covers
both male and female or any gender
victims, regardless of age or relationship
with the perpetrator. The law recognizes
the importance of consent and aims to
hold perpetrators accountable for their
actions.
TYPE OF RAPES UNDER R.A 8353
Simple rape occurs when a person has sexual intercourse with
Simple another person without the latter's consent and without any of the
01 rape circumstances that would qualify it as a more serious form of rape. It
involves non-consensual sexual intercourse with an adult victim
under relatively straightforward circumstances.
Example: A man forces himself on a woman in a dark alley without her
consent. There are no aggravating factors involved, such as weapons,
intoxication, or the victim's age.
TYPE OF RAPES UNDER R.A 8353
Qualified rape is a more severe form of rape that involves specific
aggravating circumstances. These circumstances include the use of
Qualifie deadly weapons, when the victim is a minor under 12 years of age,
02 d rape when the victim is deprived of reason or otherwise unconscious,
when the victim is under the influence of drugs or alcohol, or when
the victim is physically or mentally handicapped. The presence of
these aggravating factors results in more severe penalties for the
offender.
Example: Several individuals break into a woman's home, use a weapon to
subdue her, and then sexually assault her. The presence of deadly weapons and
violence qualifies this as a more severe form of rape.
TYPE OF RAPES UNDER R.A 8353
Statutory rape, also known as "rape by sexual assault," is a form of
Statutory rape where the victim is under the age of consent, which is 12 years
03 Rape old in the Philippines. Even if the minor victim appears to give
consent or engage in sexual activity willingly, the law considers it
rape due to the age of the victim. This is meant to protect minors
from sexual exploitation.
Example: An 18-year-old man engages in sexual activity with his 15-year-old girlfriend, both
willingly. However, the age of consent in their jurisdiction is 16, making this statutory rape,
even though they were in a consensual relationship.
TYPE OF RAPES UNDER R.A 8353
Prior to the enactment of Republic Act No. 8353 in 1997, the
Philippines did not legally recognize spousal rape as a crime.
Spousal However, under this law, spousal rape is now considered a
04 Rape criminal offense. It involves non-consensual sexual
intercourse between a married couple. Marital status does not
negate the requirement for consent, and spousal rape is
punishable under the law.
Example: A husband, after his wife explicitly refuses to have sexual
intercourse, forces her to engage in sexual activity against her will. Spousal
rape laws now recognize this as a criminal offense.
TYPE OF RAPES UNDER R.A 8353
Gang rape occurs when multiple individuals participate
Gang in the rape of one victim. It is considered an aggravated
05 Rape form of rape and carries more severe penalties. The law
recognizes the increased harm and trauma inflicted on
the victim when there are multiple perpetrators involved.
Example: A group of men takes turns sexually assaulting a single victim in
a secluded area. This crime is considered gang rape, involving multiple
perpetrators.
TYPE OF RAPES UNDER R.A 8353
Incestuous rape involves sexual intercourse between
Incestous individuals who are closely related by blood or affinity. This
06 Rape includes rape committed by a parent, sibling, grandparent,
uncle, aunt, or any other relative with a prohibited degree of
consanguinity or affinity with the victim.
Example: A father sexually assaults his own daughter. Incestuous rape occurs
when there is sexual activity between close blood relatives, such as a parent
and child, who are prohibited from engaging in sexual relationships under the
law.
PUNISHMENT
AND
PENALTIES
The penalties for those convicted of rape can vary depending on the jurisdiction and the
specific circumstances of the case. In the Philippines, under Republic Act No. 8353 (RA
8353), the penalties for rape are defined as follows :
TYPE OF RAPE PUNISHMENT AND PENALTIES
Reclusion Perpetua (imprisonment from 20 years and one day to 40 years).
SIMPLE RAPE If proven that the victim is under 12 years of age, the penalty is Death.
Death penalty, which was later reduced to Reclusion Perpetua by Republic Act No. 9346 (2006). The
QUALIFIED RAPE reduction of the penalty applies retroactively.
The penalty varies depending on the age of the victim and the relationship between the offender and
the victim. The penalty is imprisonment for a specified number of years. For example, if the victim is
between 12 and below 18 years old, and the offender is a parent, ascendant, step-parent, guardian,
STATUTORORY RAPE relative by consanguinity or affinity within the third civil degree, or a person entrusted with the
custody and education of the victim, the penalty is reclusion perpetua (imprisonment from 20 years
and one day to 40 years). If the victim is 12 years old or below, the penalty is reclusion perpetua to
death.
The penalty for spousal rape is reclusion perpetua. This means that even within a marital
SPOUSAL RAPE relationship, non-consensual sexual intercourse is a criminal offense.
The penalty for gang rape is reclusion perpetua (imprisonment from 20 years and one day to 40
GANG RAPE years) to death, depending on the circumstances of the case.
The penalty for incestuous rape is reclusion perpetua (imprisonment from 20 years and one day to 40
INCESTUOUS RAPE years).
Challenges in Prosecuting Rape Cases
One of the most significant challenges in
Lack of prosecuting rape cases is the often limited In some cases, it can be challenging to
physical evidence, especially in cases
Lack of establish the absence of consent beyond
Evidence
where the victim does not immediately Consent a reasonable doubt, especially when
report the crime. Lack of physical evidence there are no witnesses or physical
can make it difficult to prove non- injuries.
consensual sexual activity.
Rape culture and societal attitudes Intimidation Survivors may fear retaliation or
Victim- sometimes lead to victim-blaming. and intimidation by the perpetrator, which
Blaming Survivors may be questioned about
Retaliation can dissuade them from reporting the
their behavior, clothing, or choices, crime or testifying in court.
which can deter them from reporting
the crime or testifying in court.
Many survivors of sexual assault may
Trauma Trauma can affect a survivor's ability to Delayed not immediately report the crime,
and recall details, and the process of Reporting which can result in a lack of timely
Memory reliving the experience during legal evidence, making it challenging to
Issues proceedings can be emotionally gather relevant proof.
distressing. This may affect the
credibility of the victim's testimony.
Protection for Victims
Use of
Confidentiality
Pseudonyms
RA 8353 allows rape victims to use The law typically requires that all
pseudonyms or fictitious names in all records and proceedings related to rape
court proceedings and documents cases be kept confidential. This helps
related to the case. This is a significant maintain the privacy and dignity of the
provision because it helps shield the victim, shielding them from public
identity of the victim, reducing the risk scrutiny and potential harm.
of stigmatization, harassment, or
retribution. Preservation
of Evidence
Witness
Protection The law emphasizes the importance of
preserving evidence in rape cases. This
The law recognizes the potential risks includes the collection and documentation of
faced by victims who testify against physical evidence, medical examinations, and
their assailants. It includes provisions forensic evidence. Preserving evidence is
for witness protection to ensure the crucial for a successful prosecution and can
safety and security of witnesses, help ensure that the perpetrator is held
especially rape victims. accountable.
IMPORTANCE OF RA 8353
• RA 8353 is crucial in combatting sexual violence as it
provides a legal framework to hold perpetrators
accountable.
• It empowers survivors by ensuring their rights are
protected and promotes a culture of consent and
respect.
• By raising awareness and enforcing penalties, this law
aims to deter potential offenders and create a safer
society for all.
MULTIPLE CHOICE
1. What is the legal definition of rape?
a. Any non-consensual sexual activity
b. Non-consensual sexual penetration
c. Consensual sexual activity with a minor
d. Violent physical assault
2. Which form of rape is recognized when the victim is under the age of consent, even if
they appear to give consent?
b. Simple rape
c. Spousal rape
d. Statutory rape
e. Gang rape
3. What is the age of consent for sexual activity in the Philippines?
a. 15 years old
b. 18 years old
c. 12 years old
d. 21 years old
MULTIPLE CHOICE
4. Which type of rape is considered a non-pardonable offense, meaning the convict cannot
be pardoned by the victim or anyone else?
a. Simple rape
b. Qualified rape
c. Statutory rape
d. Spousal rape
5. In the context of anti-rape laws, what does "consent" refer to?
a. A form of legal defense for the accused
b. The voluntary and informed agreement of all parties involved in sexual activity
c. The age of the victim
d. The use of physical force during the sexual act
6. What term is used to describe a more severe form of rape involving specific aggravating
circumstances?
a. Simple rape
b. Statutory rape
c. Qualified rape
d. Spousal rape
MULTIPLE CHOICE
7. In many jurisdictions, what type of rape involves non-consensual sexual intercourse
within a marital relationship?
a. Simple rape
b. Gang rape
c. Statutory rape
d. Spousal rape
8. Which of the following is NOT a challenge in prosecuting rape cases?
a. Victim-blaming
b. Delayed reporting
c. Excessive physical evidence
d. Lack of evidence
9. Which type of rape involves sexual intercourse between individuals who are closely
related by blood or affinity
a. Simple rape b. Gang rape c. Spousal rape D. Incestuous rape
10. It is a legislation enacted to protect individuals from rape and other forms of sexual
assault.
A. RA 8353
B. RA 8352
C. RA 2338
D. RA 2583
ENUMERATION
1.Give the 6 challenges in
prosecuting rape cases.
2.What are the protections for
victims? Give the 4 examples.
