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Anti-Rape Law
Anti-Rape Law
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:
"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