Rape in the Philippines: Difference between revisions

'''Rape in [[Philippines|the Philippines]]''' is considered a [[Crime|criminal offense]]. In [[Philippine criminal law|Philippine jurisprudence]], it is a heinous crime punishable by ''[[lifereclusión imprisonmentperpetua]]'' 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.<!ref>{{cite web|url=https://pcw.gov.ph/republic-act-8353-the-anti-rape-law-of-1997/|title=Republic seeAct http8353: The Anti-Rape Law of 1997|website=pcw.gov.ph|year=1997}}</ref><ref name=RA3815>{{cite web|url=https://www.officialgazette.gov.ph/19971930/0912/3008/republic-act-no-8353/ 3815-s-1930/|title=Act No. 3815, s. 1930 (The Revised Penal Code of the Philippines)|year=1930|at=Title Two: Penalties; Chapter Three: Duration and Effect of Penalties}}</ref>

Changes in 1997 expanded the definition of rape and reclassified that crime as a ''Crime against persons'' instead of, as previously, grouping it with ''Crimes against Chastity''.<ref name=RA8353 /> The amendment also recognized the [[rape of males]], both by other males and [[rape by females|by females]], as well as that both the victim and rapist may either be male or female.<ref name="The Manila Times">{{cite news|last1=Acosta|first1=Persida|title=Men and women can now both cry rape|url=http://www.manilatimes.net/men-and-women-can-now-both-cry-rape/191826/|access-date=March 15, 2018|work=The Manila Times|date=June 14, 2015}}</ref> Prior to the 1997 amendment of [[Revised Penal Code of the Philippines|Revised Penal Code]] of 1930, male victims of rape were not acknowledged under Philippine law. Article 266-A of the law defines rape by "an act of sexual assault" by any person either by "inserting his penis into another person's mouth or anal orifice" or inserting "any instrument or object, into the genital or anal orifice of another person".The 1997 amendment allowed the legal recognition of rape of males, both by other males and by females.<ref name="The Manila Times"/> However rape against males are only considered by law as rape by sexual assault, which carries a lesser penalty of six6 to 12 years as opposed to the same act against females which are penalized by life imprisonment.<ref name=bicolgroups>{{cite news |title=Bicol groups push for raise in age of sexual consent |url=https://pia.gov.ph/news/articles/1015586 |archiveurl=https://web.archive.org/web/20190306043723/https://pia.gov.ph/news/articles/1015586|archivedate=March 6, 2019|agencywork=Philippine Information Agency |date=December 1, 2018}}</ref>

The [[María Clara doctrine]] is a relevant [[legal doctrine]] that observed by Philippine courts on abuse on women, including rape. It states that women, especially Filipino women, "would not admit that they have been abused unless that abuse had actually happened."<ref name="notabandoned">{{cite news|last1=Patag|first1=Kristine Joy|title=SC has not abandoned ruling on Maria Clara doctrine|url=http://old.philstar.com/headlines/2018/02/21/1789994/sc-has-not-abandoned-ruling-maria-clara-doctrine|archiveurl=https://web.archive.org/web/20180222165432/http://old.philstar.com/headlines/2018/02/21/1789994/sc-has-not-abandoned-ruling-maria-clara-doctrine|archivedate=February 22, 2018|work=The Philippine Star|date=February 21, 2018}}</ref> and that a women's natural instinct is to protect their honor.<ref>{{cite news|last1=Cawilan|first1=Christopher Lloyd|title=SC acquits 2 men of rape charges|agencywork=Philippine News Agency|url=http://www.pna.gov.ph/articles/1025868|access-date=February 22, 2018}}</ref> Though in 2018, a ruling which convicted two men for rape of a woman in Davao City was reversed by the Supreme Court's Third Division due to inconsistencies with the woman's statement in regards to her alleged rape and other evidences presented to the court.<ref>{{cite web |last1=Buan |first1=Lian |title=Woman's honor a fallacy? SC acquits men of rape over 'unrealistic' account |url=https://www.rappler.com/nation/196455-sc-rape-acquittal-woman-honor-doctrine |website=Rappler.com}}</ref> However this did not mean the abandonment of the doctrine contrary to speculations by critics of the ruling.<ref name="notabandoned" />

Women in the [[Police custodyArrest|custody]] of law enforcement officials in the Philippines are vulnerable to [[torture]], including [[rape]] and [[sexual abuse]].

Between 1995 and 2000 [[Amnesty International]] received reports of more than 30 incidents of rape or other [[sexual abuse]] of women or girls in custody. The organization fears that this figure represents only a fraction of the real number of cases.

Other forms of sexual abuse by law enforcement officials, including the threat of rape, [[Sexual abuse|verbal sexual abuse]], and [[mocking]], designed to degrade and humiliate, may also constitute torture or other forms of cruel, [[inhuman or degrading treatment|inhuman and degrading treatment]]. According to Amnesty International's information, there has been only a small number of convictions of police officers for the rape of female detainees.<ref name=Amnesty>{{Citation

[[Philippines]] Senator Ramon [[Bong Revilla]], Jr., on July 26, 2006, called for coordination with the [[Philippine National Police]] vis-a-vis the public, the [[whistle blower]] and anti-prostitution [[Internet]] online petitioner initiator, to shed light and solve the alleged [[human trafficking in the Philippines]], [[prostitution in the Philippines]], [[sexual slavery]] or [[trafficking in human beings|trafficking]] dens in Angeles, [[Pampanga]]. Revilla re-filed Senate Bill No. 12, the "Anti Pornography Bill."<ref>[http://www.senate.gov.ph/press_release/2007/0726_revilla1.asp senate.gov.ph, REVILLA ASKS "SEX SLAVE CAMP" WHISTLEBLOWER TO SURFACE]</ref> In 2007, Angeles City police Chief Sonny Cunanan denied the allegations, alleging "the Women's and Children's Concerned Section (WCCS) and other agencies of the Angeles City Government that is responsible for the regular inspection of different bars and nightclubs have no records about the existence of a sex slave camp in the city." But he confirmed that "Angeles intelligence policemen, in coordination with other counterparts, were directed to look into the veracity of the report and file necessary charges against the operators of the illegal activities if these really exist."<ref>[https://web.archive.org/web/20100125135546/http://www.sunstar.com.ph/static/net/2007/07/20/cop.chief.denies.sex.slave.camp.in.angeles.html sunstar.com.ph/static/net, Cop chief denies sex slave camp in Angeles] (archivedd from [http://sunstar.com.ph/static/net/2007/07/20/cop.chief.denies.sex.slave.camp.in.angeles.html the original] on January 25, 2010).</ref>

The [[age of consent]] in the Philippines iswas raised from 12 years to 16 years oldby meaninga law signed by President [[Rodrigo Duterte]] in March 2022. This thatmade non-forcible sexual intercourse with a child 15 years and below is considered as [[statutory rape]].<ref>{{cite news |last1=Parrocha |first1=Azer |title=Duterte signs bill raising age of sexual consent to 16 |url=https://www.pna.gov.ph/articles/1169147 |access-date=7 March 2022 |work=Philippine News Agency |date=7 March 2022 |archive-url=https://web.archive.org/web/20220307114928/https://www.pna.gov.ph/articles/1169147 |archive-date=7 March 2022 |language=en}}</ref><ref>{{cite news |last1=Morales |first1=Neil Jerome |last2=Petty |first2=Martin |title=Philippine leader approves bill raising sex consent age from 12 to 16 |url=https://www.reuters.com/world/asia-pacific/philippine-leader-approves-bill-raising-sex-consent-age-12-16-2022-03-07/ |access-date=7 March 2022 |work=Reuters |date=7 March 2022 |archive-url=https://web.archive.org/web/20220307120235/https://www.reuters.com/world/asia-pacific/philippine-leader-approves-bill-raising-sex-consent-age-12-16-2022-03-07/ |archive-date=7 March 2022 |language=en}}</ref>

Sex trafficking in the [[Philippines]] is a significant problem. Filipina women and girls have been forced into prostitution, raped, and been physically and psychologically abused in a number of ways.<ref>{{cite web|url=https://untvweb.com/news/victims-of-human-trafficking-in-ph-spike-to-over-700000-global-slavery-index/|title=Victims of human trafficking in PH spike to over 700,000 – Global Slavery Index|date=December 6, 2018|website=UNTV}}</ref><ref>{{cite web|url=http://www.cnn.com/2013/05/06/world/asia/freedom-fighter-victims/index.html|title=Victims endure lives degraded by traffickers|date=May 16, 2013|website=CNN}}</ref><ref>{{cite web|url=https://www.standard.net/nation-world/world/facebook-used-to-kidnap-girls-for-sex-slaves/article_53358eb6-2ac7-5103-8f5d-08143cfdb29f.html|title=Facebook used to kidnap girls for sex slaves|date=October 29, 2012|website=Standard-Examiner}}</ref>

The Bureau of Democracy, Human Rights, and Labor of the [[United States Department of State]] in a 2006 report described the status of [[marital rape]] in the Philippines as illegal but added that enforcement is ineffective.<ref name=STATE2006 />{{Citation

Rape between two persons who are parties to a marriage is acknowledged by law. The [[Supreme Court of the Philippines]] first ruled on a marital rape case in 2014 when it affirmed the 2002 decision of the Court of Appeals upholding the conviction of the Cagayan de Oro City Regional Trial Court's conviction of a man who raped his wife in two occasions in 1998. The case was filed in 1999. The high court's ruling on the case stated that sexual intercourse between spouses are rape if there was a lack of consent and that "A marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity".<ref>{{cite news|last1=Avendaño|first1=Christine|title=High court rules for first time: Husbands can't [sic] rape wives|url=http://newsinfo.inquirer.net/602613/high-court-rules-for-first-time-husbands-cant-rape-wives|access-date=March 15, 2018|worknewspaper=Philippine Daily Inquirer|date=May 16, 2014}}</ref>

Most female victims of [[gang rape]] remain silent for months before reporting the crime. Obet Montes, coordinator for services of the women's group [[GABRIELA]], says this is due to the victim’svictim's fear of society’ssociety's judgment, of not wanting to be branded as a ''{{lang|fil|maruming babae''}} ({{literal translation|dirty woman}}). They further state that oftentimes a rape victim becomes so afraid that she is going to be blamed for the crime that she denies that she was violated.<ref name=Bulatlat-VI-12>{{Citation

The women’swomen's group [[GABRIELA]] provides counseling for battered women, rape victims and other victims of violence against women.<ref name=Bulatlat-VI-12 />