Rape in The Philippines - The Law

The Law

The Anti-Rape Law of 1997, which amended the previous definition of rape as defined in the Revised Penal Code of 1930, now defines the crime of rape as follows:

Article 266-A. Rape: 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 fraudulent 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 who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault 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.

The 1997 changes expanded the definition of rape and reclassified that crime as a Crime against persons instead of, as previously, grouping it with Crimes against Chastity.