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{{short description|Sexual violence in the Philippines}}
{{Use mdy dates|date=May 2020}}
{{Use Philippine English|date=December 2022}}
{{rape}}
{{update|inaccurate=y|date=June 2021}}
'''Rape in
==Law==
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}}
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
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|
Since rape is punishable by ''reclusión perpetua'', Article 90 of the Revised Penal Code provides a [[Statute of limitations#Philippines|statute of limitations]] of 20 years from the date of its commission.<ref name=RA3815 />
==Statistics==
Statistics on the incidence of rape are usually based on available police records. Cases of rape in the Philippines dropped from 5,192 in July 2021 to 3,762 on January 7, 2022.<ref>{{cite news |last1=Peña |first1=Kurt Dela |title=Rape declines, but numbers don’t tell the story: Sexual violence still pervasive |url=https://newsinfo.inquirer.net/1715756/rape-declines-but-numbers-dont-tell-the-story-sexual-violence-still-pervasive |access-date=31 March 2023 |work=[[Philippine Daily Inquirer]] |date=January 12, 2023 |archive-url=https://web.archive.org/web/20230112092341/https://newsinfo.inquirer.net/1715756/rape-declines-but-numbers-dont-tell-the-story-sexual-violence-still-pervasive |archive-date=January 12, 2023 |language=en}}</ref>
|access-date = February 18, 2008▼
|url=https://2001-2009.state.gov/g/drl/rls/hrrpt/2006/78788.htm▼
|title=Country Reports on Human Rights Practices – 2006▼
|publisher=U.S. Department of State: Bureau of Democracy, Human Rights, and Labor▼
|date=March 6, 2007▼
==Occurrences==
===Women in custody===
Women in the [[
Between 1995 and 2000 [[Amnesty International]] received reports of more than 30 incidents of rape or other
Rape of women [[Detention (imprisonment)|detainees]] by police officers, jail guards or military officials always constitutes torture. It is both a [[Physical violence|physical violation]] and injury as well as a humiliating assault on a woman's mental and emotional integrity.
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
|url=https://www.amnesty.org/en/alfresco_asset/abe0075b-a45a-11dc-bac9-0158df32ab50/asa350012001en.html
|title=PHILIPPINES: Fear, shame and impunity: Rape and sexual abuse of women in custody
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Although the sex trade in the Philippines mostly caters to the indigenous population, [[NGO]]s and religious groups regularly sensationalize the problems of prostitution by drawing attention to the foreigner-oriented segment of this business. In Angeles, the control is split between Filipino, Korean, Australian and American bar operators, though in 1987, Australians had a financial interest in more than 60% of the 500 bars and 7,000 prostitutes in the city<ref>{{citation|title=The Sociology of Tourism|author1=Yiorgos Apostolopoulos |author2=Stella Leivadi |author3=Andrew Yiannakis |year=1996|publisher=Routledge|isbn=0-415-13508-7|url= https://books.google.com/books?id=6C4QuDjrVToC&q=%22prostitution%22+%22Angeles+City%22&pg=RA4-PA271}}</ref>
===Rape of children===
The [[age of consent]] in the Philippines
===Rape of students===
The 2015 National Baseline Study on Violence Against Children (NBS-VAC), reported 17.1 percent of children aged 13 to 18 had experienced sexual violence, with 5.3 percent having happened “in the school.”<ref>{{cite news|url=https://newsinfo.inquirer.net/1868551/sexual-predators-prowling-schools-as-group-is-in-disbelief-over-low-number-of-cases|title=Sexual predators prowling schools as group is in disbelief over low number of cases|date=November 30, 2023|newspaper=Philippine Daily Inquirer}}</ref> The study reported that 3.2 percent of children and youth had experienced forced consummated sex (anal, oral, and/or vaginal) while growing up.<ref>{{cite news|url=https://asianews.network/sexual-abuse-in-philippine-schools-the-silent-scream-of-students/|title=Sexual abuse in Philippine schools: The silent scream of students|newspaper=Asia News Network|date=September 7, 2022}}</ref>
===Sex trafficking===
{{Main|Sex trafficking in the Philippines}}
Sex trafficking in the
===Marital rape===
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
▲|url=https://2001-2009.state.gov/g/drl/rls/hrrpt/2006/78788.htm
▲|title=Country Reports on Human Rights Practices – 2006
▲|publisher=U.S. Department of State: Bureau of Democracy, Human Rights, and Labor
▲|date=March 6, 2007
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|
==Victim silence==
Most female victims of [[gang rape]] remain silent for months before reporting the crime.
|url=http://www.bulatlat.com/news/6-12/6-12-dirty.htm
|title=Rape Victims Viewed as 'Dirty Women'
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===Non-governmental organizations===
The
The Bathaluman Crisis Centre Foundation helps victims of rape and incest.
The Support Group Volunteers provide assistance, and psychological interventions may also be initiated at the centre. Where appropriate, cases are referred to other agencies for more specialist assistance.
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*[[Maggie de la Riva rape case]]
*[[Violence against women in the Philippines]]
==External links==▼
*[http://www.lawphil.net/judjuris/juri1971/jan1971/gr_28232_1971.html Lawphil.net, G.R. No. L-28232 February 6, 1971, People vs. Jose et al.]▼
==References==
{{reflist}}
▲==External links==
▲*[
[[Category:Rape in the Philippines| ]]
[[Category:Law of the Philippines]]
[[Category:Violence against women in the Philippines]]
[[Category:Rape by country|Philippines]]
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