TED TALK
Rape in the Philippines is considered a criminal offense. In Philippine jurisprudence, it is a
heinous crime punishable by life imprisonment when committed against women. Rape of males is
also legally recognized as rape by sexual assault, which is penalized by imprisonment of six to
twelve years.
Rape can be categorized in different ways: for example, by reference to the situation in which it
occurs, by the identity or characteristics of the victim, and by the identity or characteristics of the
perpetrator. These categories are referred to as types of rape. The types of rape described
below are not mutually exclusive: a given rape can fit into multiple categories, by for example by
being both a prison rape and a gang rape, or both a custodial rape and the rape of a child.
Rape
Rape is one of the most prevalent forms of violence against women (VAW) in the
Philippines. Reported rape cases ranked third (13.1%) of the total reported VAW cases in
the country from 1999 to 2009. The hard fact is that this is not yet the true representation
of the problem. Due to cultural and social stigmatization associated with rape, many women
victims prefer to maintain their silence and not report their ordeal to the authorities.
The government with the aid of NGOs have taken initiatives to set up crisis centers for rape
survivors in collaboration with the different sectors of the community to help victims deal
with the trauma and encourage them to report rape. Several rape-related laws have also
been passed to address the concern. Through the provision of suitable legal support and
health services, it is hoped that women victims of rape be encouraged to come forward for
proper intervention and justice to be served accordingly.
What is rape and how is it committed?
Republic Act No. 8353, known as the Anti-Rape Law of 1997, expanded the definition of the
crime of rape and re-classified it as a crime against persons. Previously, it was classified as
a crime against chastity, and belonged to the group of crimes that include adultery,
concubinage, acts of lasciviousness, seduction, corruption of minors and white slave trade.
As a crime against persons, the law no longer considers it as a private crime. Anyone who
has knowledge of the crime may file a case on the victim's behalf. Prosecution continues
even if the victim drops the case or pardons the offender.
Rape is committed under the following circumstances:
1. A man has sexual intercourse with a woman:
Through force, threat or intimidation;
When the victim is deprived of reason or is unconscious;
Through fraudulent machination or grave abuse of authority; and
When the victim is under 12 years of age or is demented, even if none of the
above conditions are present.
2. Any person who, under any of the above conditions, commits an act of sexual assault
through oral or anal sex or by inserting an instrument or object into the anal or
genital orifice of another person.
What are the laws relating to rape and what are the penalties for perpetrators
under these laws?
In the Philippines, there are two laws enacted that directly address rape namely:
R.A. 8353: The Anti-Rape Law of 1997
R.A. 8505: The Rape Victim Assistance and Protection Act of 1998
Under R.A. 8353, the penalties for rape perpetrators vary depending on the act itself and
the circumstances surrounding it. These are the following:
Reclusion perpetua (imprisonment from 20 to 40 years) is imposed on the offender if rape
is committed through sexual intercourse
Prision mayor (imprisonment from six to 12 years) is imposed on the offender if rape was
committed through oral or anal sex or through the use of any object or instrument that was
inserted into the mouth or anal orifice of the woman or a man. This may also be elevated
to reclusion temporal (imprisonment from 12 to 20 years) or reclusion perpetua depending
on the circumstances surrounding the crime.
Rape is a crime, never a woman’s fault
Submitted by information officer on Sat, 2018-09-01 11:52
The Philippine Commission on Women strongly states that it is never a woman's fault
to get raped. A woman’s body, her appearance, or her clothes are not invitations for
rape or any form of sexual violence. Rape victims are young and old, rich and poor,
short and tall. People can be raped regardless of their physical attributes such as the
color of their skin, body size, facial features, or hair style.
Women are raped because their bodies are viewed as sexual conquests and objects, that
can be owned and abused by men – a mindset which stems from the unequal power
relations between men and women.
Rape is no laughing matter. Rape can cause life-long emotional and physical effects on its
victims. Even to non-victims, joking about rape is offensive.
As long as there are people and institutions that trivialize rape, normalize sexual violence,
embolden perpetrators, and put the blame on women, rape culture will continue to persist.
As we strive to build a community free from all forms of gender-based violence especially
against all women and girls, we call on all citizens to act and do their part in putting an end
to rape and rape culture by taking it seriously, speaking up against abuse and holding
perpetrators accountable.
Teach both girls and boys the value of mutual respect and dignity. Together, let us build a
society where women no longer get blamed for rape and where women’s fundamental rights
are respected and protected.
Rape is a crime and a human rights violation. No rape is justifiable.
Rape Is The Fault Of The Rapist
I can’t believe that it's 2018 and we still have to be educating people on the cause of rape: rapists.
It’s not about what a person (I say person because men can be and are raped, too) was doing at the time. It’s not
about what a person was wearing at the time. It’s not about the victim being a tease because they said yes at first
then decided in the middle that they changed their minds.
Rape is about the rapist deciding that their want for power trumps their victim’s basic right of choice.
That people in powerful positions in this country do not get this is worrisome.
The Youth Are Learning To Remember
It’s always been said that Filipinos are a forgetful race. This trait has been taken advantage of by many a politician,
celebrity, and businessperson, often with the encouragement of the potential victims themselves (i.e., us). But it
looks like younger Filipinos are learning from the mistakes of their elders—they’re learning to remember.
It’s been a few days now and the furor against Taberna hasn’t died down. Young Filipinos are picking up the
slack and doing what their elders have constantly failed to do—hold people accountable for their actions.
Sure, you can say that most of what they’ve done is complain on social media, but if the last elections have proved
anything, it’s that social media can make things happen; that these "things" are good or bad is a different story.
A Need For Change In Our Institutions
Filipinos claim to value women, yet they let lawmakers police women’s bodies (14 years to pass a reproductive
health law? Really?), make light of women’s safety, refuse to listen to women’s concerns (we have yet to have our
#MeToo moment), and blame women for events that are not their fault.
There is a need for people to change the way they think of women. Women are smart and capable. Women are
not properties that need to be policed "for their own safety." Women shouldn't need to conform to a look or an
attitude to be "safe." A woman’s worth isn’t determined by how good-looking or how "pure" she is.
If institutions like certain TV stations want to retain the respect of an empowered youth that’s rapidly sliding into
disillusionment, they should learn to read the room and not support people like Taberna. It may have worked in the
old days, when all they had to do was wait until the public forgot about it and moved on, but now, Filipinos are
learning not just to get mad, but to stay mad.
I’m not saying that woke internet will see this issue through. There’s still a big chance that this will be forgotten
tomorrow, the public having moved on to the next point of outrage. Whatever happens, this still stands as an event
that’s moved Filipinos closer to the tipping point. I’m hoping that public clamor continues until Taberna is rightly
made accountable for his disgusting behavior. But even if justice escapes us once again, as it often does these days, I
hope that this will be taken as a wakeup call for women and women's rights to be taken seriously.
Victim blaming occurs when the victim of a crime or any wrongful act is held entirely or partially
at fault for the harm that befell them. The study of victimology seeks to mitigate the perception
of victims as responsible.
