Understanding Rape Better

What you should know:

· Rape is a crime against persons (Republic Act NO. 8353, known as the
   “Anti-Rape Law of 1997).

· It can happen when you least expect it.

· Rape is not only committed by perverts but also by “normal” men.

· Most rapes are committed by persons you know, and mostly to women,    anytime, any place.

· Rape is a humiliating, degrading, and terrifying experience. Even if you don’t    have obvious physical injuries, you may still have been badly hurt, and you may    have different emotions and reactions.

Legal Definition of Rape

Under Republic Act No. 8353, known as the “Anti-Rape Law of 1997” Article 266-A; 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 fraudalent 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, under any circumstances mentioned in paragraph 1 hereof,     shall commit an act of sexual asault 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.

Text courtesy of the UP Center for Women’s Studies.



  1. bob said,

    November 21, 2006 at 11:05 pm

    Legal Definition of Rape

    does this mean that a female can not commit rape in the philippines

  2. espie said,

    December 4, 2006 at 3:25 pm

    how if the penis just touched the labia..i mean, the penis was not inserted..is it rape?

  3. Bob said,

    January 4, 2007 at 8:09 pm

    I fail to understand how the Subic Rape case is a victory for the Philippine judicial system. This is only one of many cases dealing with rape in the country today. It just so happens that Smith is an American. What about all the other women awaiting justice? Many of them were raped by Philippine nationals, yet the media and the mass majority fail to stand by them. Perhaps it’s nothing more then a money issue. Fact is the Subic rape case was big money. Look at the publicity it received. I also imagine if you ventured into some of the louder voices bank accounts you would see some rather large deposits over the course of the year. We all know corruption exist in every form here. Many of Nicole’s supporting cast lined their pockets with a few pesos. Probably without her knowledge too.
    I do very much support the law. I also believe everyone in that van that night was intoxicated. Not one person could make a rational decission. Yet, the law is written solely against men. So it is automatic that he is guilty even if the situation was reversed. Sad isn’t it?
    You also mentioned keeping Smith in the Philippine jail system. One would expect the US to gain custody of one of their citizens. The Philippine government did such with how many personnel this last year? Perhaps a bit more then 3 dozen in the Middle East alone. Are we to believe that the Philippine people can violate other countries law and return to their homeland but not vise versa? No, I think we should hand him over to the US government with the understanding he fullfill his sentence in a US prison. He’d probably be sent to Levenworth anyhow since he’s still active duty.

  4. Gina said,

    July 22, 2007 at 8:27 pm

    Smith was found guilty of rape and should be held right were he offended.
    He should have been hanged for his crime, drunk or not he knew what he was doing.

  5. jay said,

    April 9, 2008 at 2:59 am

    how long can one wait to press charges?for example say it has been 3 years since the rape.can a person still press charges

  6. stoxbnx3 said,

    May 6, 2008 at 3:05 am

    yes. 🙂

  7. Yummie said,

    February 11, 2009 at 3:55 pm

    I know that there is still hope and the truth will eventually come out. Whether what happened was actually true or not. I just want to tell you guys even Nicole’s supporters and those of the womens rights that only those people know what really happened, only them. So let us not set our minds that one is guilty, none of us were present at the scene. It is better to hear the other side of the story. Sometimes, it is the other way around. Stop being judgemental, though you drink alot, or you’re wasted. You still know what is happening, especially around you.

  8. jerome said,

    January 18, 2010 at 11:43 am

    every one can commit rape, as man to woman and woman to man.. we also include the man to man and woman to woman.. any thing can happen at this point..

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