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    "AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR THE PURPOSES"

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    "AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR THE PURPOSES"

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    36 views2 pages

    Anti-Rape Law

    Uploaded by

    Republic
    "AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR THE PURPOSES"

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    Republic Act 8353

    The Anti-Rape Law of 1997


    Files:

    Republic Act 8353

    "AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING


    THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO.
    3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR
    THE PURPOSES"

    Section 1. Short Title. - This Act shall be known as "The Anti-Rape Law of 1997."

    Sec. 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be
    classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended,
    otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into
    Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read
    as follows:

    "Chapter Three"
    "Rape"
    "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.

    "Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be
    punished by reclusion perpetua.

    "Whenever the rape is committed with the use of a deadly weapon or by two or more
    persons, the penalty shall be reclusion perpetua to death.

    "When by reason or on the occasion of the rape, the victim has become insane, the penalty
    shall become reclusion perpetua to death.
    "When the rape is attempted and a homicide is committed by reason or on the occasion
    thereof, the penalty shall be reclusion perpetua to death.

    "When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be
    death.

    "The death penalty shall also be imposed if the crime of rape is committed with any of the
    following aggravating/qualifying circumstances:

    "l) When the victim is under eighteen (18) years of age and the offender is a parent,
    ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil
    degree, or the common-law spouse of the parent of the victim;

    "2) When the victim is under the custody of the police or military authorities or any law
    enforcement or penal institution;

    "3) When the rape is committed in full view of the spouse, parent, any of the children or
    other relatives within the third civil degree of consanguinity;

    "4) When the victim is a religious engaged in legitimate religious vocation or calling and is
    personally known to be such by the offender before or at the time of the commission of the
    crime;

    "5) When the victim is a child below seven (7) years old;

    "6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus
    (HIV)/Acquired Immune Deficiency Sy

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