THE ANTI-RAPE LAW OF 1997

Case Overview and Summary

Summary of Republic Act No. 8353 (The Anti-Rape Law of 1997)

Short Title and Classification of Rape (Section 1-2)
- This law is known as "The Anti-Rape Law of 1997".
- The crime of rape is classified as a Crime Against Persons under Title Eight of the Revised Penal Code.

Definition of Rape (Article 266-A)
- Rape is committed:
    1. By a man who has carnal knowledge of a woman under the following circumstances:
        - Through force, threat, or intimidation (Section 1a)
        - When the offended party is deprived of reason or unconscious (Section 1b)
        - By fraudulent machination or grave abuse of authority (Section 1c)
        - When the offended party is under 12 years old or demented (Section 1d)
    2. By any person who commits sexual assault by inserting penis into another's mouth or anal orifice, or any object into another's genital or anal orifice, under the circumstances mentioned in paragraph 1 (Section 2)

Penalties for Rape (Article 266-B)
- Rape under paragraph 1 is punished by reclusion perpetua (life imprisonment).
- If rape involves use of deadly weapon or by two or more persons, the penalty is reclusion perpetua to death.
- If the victim becomes insane due to rape, the penalty is reclusion perpetua to death.
- If rape is attempted and homicide is committed, the penalty is reclusion perpetua to death.
- If homicide is committed on the occasion of rape, the penalty is death.
- The death penalty also applies if rape is committed with any of the following aggravating/qualifying circumstances:
    1. Victim is under 18 and offender is a relative up to 3rd civil degree (Section 1)
    2. Victim is under custody of authorities or penal institution (Section 2)
    3. Rape is committed in view of victim's spouse, parent, child or relative within 3rd civil degree (Section 3)
    4. Victim is a religious person known by offender (Section 4)
    5. Victim is a child below 7 years old (Section 5)
    6. Offender has HIV/AIDS or sexually transmissible disease transmitted to victim (Section 6)
    7. Offender is a member of Armed Forces, police or law enforcement who took advantage of position (Section 7)
    8. Victim suffered permanent physical mutilation or disability (Section 8)
    9. Offender knew of victim's pregnancy (Section 9)
    10. Offender knew of victim's mental disability, emotional disorder or physical handicap (Section 10)
- Rape under paragraph 2 is punished by prision mayor.
- If it involves deadly weapon or two or more persons, the penalty is prision mayor to reclusion temporal.
- If victim becomes insane, the penalty is reclusion temporal.
- If rape is attempted and homicide is committed, the penalty is reclusion temporal to reclusion perpetua.
- If homicide is committed on occasion of rape, the penalty is reclusion perpetua.
- Reclusion temporal is imposed if rape is committed with any of the 10 aggravating/qualifying circumstances.

Effect of Pardon (Article 266-C)
- Subsequent valid marriage between offender and offended party extinguishes criminal action or penalty.
- If offender is legal husband, subsequent forgiveness by wife as offended party extinguishes criminal action or penalty, unless marriage is void ab initio.

Presumptions (Article 266-D)
- Any physical overt act of resistance by offended party, or incapability of giving valid consent, may be accepted as evidence in rape prosecution.

Other Provisions
- Separability clause for unconstitutional provisions (Section 3)
- Repealing clause for inconsistent laws (Section 4)
- Effectivity 15 days after publication in two newspapers of general circulation (Section 5)