RAPE VICTIM ASSISTANCE AND PROTECTION ACT OF 1998

Case Overview and Summary

Summary of Republic Act No. 8505 (Rape Victim Assistance and Protection Act of 1998)

Title and Policy Declaration
- The law is known as the "Rape Victim Assistance and Protection Act of 1998". (Section 1)
- It declares the policy of the State to provide necessary assistance and protection for rape victims by coordinating various agencies and NGOs to establish and operate rape crisis centers in every province and city. (Section 2)

Establishment and Functions of Rape Crisis Centers
- The Department of Social Welfare and Development (DSWD), Department of Health (DOH), Department of the Interior and Local Government (DILG), Department of Justice (DOJ), and a lead NGO shall establish a rape crisis center in every province and city. (Section 3)
- The rape crisis centers shall perform the following functions: (Section 3)
    - Provide psychological counseling, medical and health services, including medico-legal examination, to rape victims.
    - Secure free legal assistance for rape victims, if necessary.
    - Assist rape victims in investigation and filing of cases.
    - Ensure privacy and safety of rape victims.
    - Provide psychological counseling and medical services to families of rape victims.
    - Develop and undertake training programs for law enforcement officers, prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human rights, gender sensitivity, and legal management of rape cases.
    - Adopt and implement programs for the recovery of rape victims.
- The DSWD shall be the lead agency in establishing and operating the rape crisis centers. (Section 3)

Duties of Police Officers
- Upon receiving a rape complaint, the police officer shall: (Section 4)
    - Immediately refer the case to the prosecutor for inquest/investigation if the accused is detained, otherwise follow the rules of court.
    - Arrange for counseling and medical services for the victim.
    - Immediately make a report on the action taken.
- The police officer or examining physician (of the same gender as the victim) shall ensure that only authorized persons are allowed during the investigation or medical examination. (Section 4)
- A women's desk shall be established in every police precinct to provide a policewoman to conduct investigations of complaints from women rape victims. (Section 4)
- Preliminary investigations or inquests of women rape victims must be assigned to female prosecutors after the police endorse the pertinent papers. (Section 4)

Protective Measures
- At any stage of investigation, prosecution, and trial, the right to privacy of the victim and the accused shall be recognized. (Section 5)
- The police officer, prosecutor, or court may order a closed-door investigation, prosecution, or trial, and prohibit disclosure of information tending to establish the identities of the parties or circumstances of the complaint, to ensure fair and impartial proceedings. (Section 5)
- The investigating officer or prosecutor shall inform the parties that the proceedings can be conducted in a language or dialect known or familiar to them. (Section 5)

Rape Shield
- In rape prosecutions, evidence of the complainant's past sexual conduct, opinion thereof, or reputation shall not be admitted unless the court finds it material and relevant to the case. (Section 6)

Appropriations
- For the first year of implementation, P120,000,000.00 shall be charged against the Organizational Adjustment Fund, with P60,000,000.00 for DSWD and P20,000,000.00 each for DOH, DILG, and DOJ. (Section 7)
- Thereafter, the necessary amount for the rape crisis centers shall be included in the annual General Appropriations Act for the concerned agencies. (Section 7)

Implementing Rules and Regulations
- All concerned agencies shall formulate the necessary rules and regulations for proper implementation within 90 days upon approval of the Act. (Section 8)

Separability Clause, Repealing Clause, and Effectivity
- If any part of the Act is declared invalid or unconstitutional, the other parts not affected shall remain valid. (Section 9)
- All laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly. (Section 10)
- The Act shall take effect 15 days after completion of its publication in at least two newspapers of general circulation. (Section 11)