An Analysis of Viloent Crime of Rape

7/27/2019 An Analysis of Viloent Crime of Rape

1/6

AN ANALYSIS OF VILOENT CRIME OF RAPE: A PSYCHOLOGICAL

PROFILING

Introduction

Rape is a crime that has definite cultural

definitions. It is a consensus process of intimidation by

which all men keep all women in a state of fear. And that

rape in time of war has long been considered the victors

prerogative: the vanquished surrender yet another form of

property (Brownmiller, 1975). When women are viewed as

chattel, rape confirms their inferior social position.

Conversely, a study of rape in Pennsylvania conducted in

the early 1070s espoused a position of victim

precipitation (Amir, 1971). This stance validated many of

the myths about rape: Women secretly want to be rape: the

primary motive for rape is sex, and so on. The focus of

this report is the roles of sex and power in the repugnant

crime of rape. It stresses that rape is a crime of power

and violence in which sex is the weapon.

Definition and statistics of rape

Rape may be defined as the crime of having sexual

intercourse with another person forcibly against his or her

will (Kelley and More, 1994). Rape is often viewed,

mistakenly, as a sexually motivated act; in reality, it is

violent crime. Statutory rape is a sexual intercourse that

is unlawful because it involves a person younger that the

age prescribed by the statute as the age of consent (Bennet

& Hess, 1994) Forcible rape is sexual penetration without apersons consent; this is the crime with which the reporter

is concerned in this paper.

Although in this paper the reporter addresses

primarily what may be called the the stranger rape, it

should be noted that in recent years the very character of

what is viewed as rape has been changing, as the phenomenon

of date rape or acquaintance rape has received a great

deal of attention. In some ways, our cultural view of what

constitute rape may be shifting (Gibbs, 1991).

About three women are reportedly being raped each

day in 2003, according to statistics released by thePhilippine National Police.

The record shows a 5-percent increase in rape cases

in 2003, or 1,117 incidents compared to the 1,063 cases

reported in 2002.

The public starts getting the impression

that crime rates have been increasing during Gloria

Arroyos term. The higher number of rape cases should be


2/6

viewed from the context of the broader definition of rape

under Republic Act 8353, or the Anti-rape Law of 1997.

Statistics are, of course, open to various

interpretations depending on the conclusion the

interpreter wants to support. This might be correct. Or,

the higher number could be simply that--more rape

incidents which can be due to the increasing population.

Whichever it is, one thing is clear. The death penalty is

not serving its purpose; it is not working as a deterrent

to the commission of rape. R.A. 8353 is a source

of pride for the Philippine government. It is supposed to

provide harsher penalties for rapists. It provides a

broader definition for rape. It is meant to serve as a

more effective deterrent. It is also meant to encourage

more victims to come out openly and cause the prosecution

of their offenders. Does R.A. 8353 really do all that?

The rape statistics should also be consideredrelative to the 4,296 cases of battering and physical

injuries cases where the victims are women.

Is there a direct relation between the two sets

of statistics? Specifically, what is the percentage of

the rape cases that actually reach trial and how many are

amicably settled? Oh, yes, rape cases can be settled. The

law, old and new, provides that marriage between offender

and victim extinguishes criminal liability. Just how many

of these settled rape cases are subsequently translated

into cases of domestic violence?

Before R.A. 8353, rape was punishable under TheRevised Penal Code as a crime against chastity.

Art. 335. When and how rape is committed. -

Rape is committed by having carnal knowledge of

a woman under any of the following

circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or

otherwise unconscious; and

3. When the woman is under twelve years of age,

even though neither of the circumstancesmentioned in the two next preceding paragraphs

shall be present.

The crime of rape shall be punished by

reclusion perpetua...

For there to be rape, according to Philippine

jurisprudence, there has to be actual penetration of the
http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htmhttp://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htmhttp://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htmhttp://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htm


3/6

mans penis into the womans vagina, whether complete or

incomplete. The general rule was that rape was punished

by reclusion perpetua (life imprisonment). The penalty

may become death only under certain circumstances:

Whenever the crime of rape is committed with

the use of a deadly weapon or by two or more

persons, the penalty shall be reclusion

perpetua to death...

Death penalty was automatically imposed:

When by reason or on the occasion of the rape,

the victim has become insane, the penalty shall

be death.

When rape is attempted or frustrated and a

homicide is committed by reason or on the

occasion thereof, the penalty shall be likewise

death.

When by reason or on the occasion of the rape,

a homicide is committed, the penalty shall be

death.

Under R.A. 8353 or the Anti-rape Law of 1997 :

"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 graveabuse 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.


4/6

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 persons mouth

or anal orifice, or any instrument or object,

into the genital or anal orifice of another

person .

Underscored portions are the innovations introduced

by R.A. 8353. Paragraph 2 is actually sexual assault; the

penalty is lower.

The circumstances when death becomes the imposable

penalty under Art. 335 of the Revised Penal Code was

amended by R.A. 8353. When the rape is attended by

homicide, whether attempted, frustrated or consummated,

the penalty was lowered (from an automatic death penalty)

to reclusion perpetua to death. The circumstances when

death automatically becomes the imposable penalty were

increased:

"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


5/6

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 Syndrome

(AIDS) or any other sexually transmissible

disease and the virus or disease is transmitted

to the victim;

7) When committed by any member of the Armed

Forces of the Philippines or para-military

units thereof or the Philippine National Police

or any law enforcement agency or penal

institution, when the offender took advantage

of his position to facilitate the commission of

the crime;

8) When by reason or on the occasion of the

rape, the victim has suffered permanent

physical mutilation or disability;

9) When the offender knew of the pregnancy of

the offended party at the time of the

commission of the crime; and

10) When the offender knew of the mental

disability, emotional disorder and/or physical

handicap of the offended party at the time of

the commission of the crime.

The penalties are lower when there is sexual assault

under parapgraph 2 of Article 266-A.

Not surprisingly, R.A. 8353 for all its attempts at

being progressive and responsive to the call of the

times, retained the following provision from the old law.

Article 266-C. Effect of Pardon. - The

subsequent valid marriage between the offended

party shall extinguish the criminal action or

the penalty imposed.

Additionally :


6/6

In case it is the legal husband who is the

offender, the subsequent forgiveness by the

wife as the offended party shall extinguish the

criminal action or the penalty: Provided, That

the crime shall not be extinguished or the

penalty shall not be abated if the marriage is

void ab initio.

The reporter believed that the last two quoted

provisions of R.A. 8353 establish a direct connection

between the rape statistics and the battering/physical

injuries cases. Consider the religious upbringing of

Filipinos--women in particular. Consider the virtue and

grace of forgiveness. Consider the social stigma attached

to being a rape victim. Consider the stigma and economic

ramifications attached to broken marriages. Consider the

financial dependence of many women on their husbands.

Then, consider the possibility of escape that

the law itself provides. Consent to marry your rapist--

forgiveness means no social stigma. Forgive your husband

for raping you and you save your marriage. You do not

deprive your children of their father. You are saved from

the trouble of feeding yourself and your children.

In rape law, pardon extinguishes both the criminal

action and the penalty. However, pardon does not

extinguish violence or propensity for violence . How many

husbands, forced to marry their wives to escape criminal

prosecution and prison, subsequently become abusive

husbands? No data. How many husbands, pardoned by theirwives for marital rape, beat up their wives? No data

either.

An Analysis of Viloent Crime of Rape

Documents

Transcript of An Analysis of Viloent Crime of Rape