University of Cebu-Banilad Library

Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2018.

Contents: Chapter I The problem and its scope -- Chapter II Review of related literature -- Chapter III Results and discussion -- Chapter IV Findings, conclusion, and recommendations.

Summary: Rape is having sexual intercourse without obtaining another person's consent. States all over the world outlaw such an act and consider its commission so detestable and imposes heavy punishment of incarceration or death, in some cases, however, the concept of rape is an envolving concept, it generally moves with the development of civilization. The Philippine law on rape is of no exception. Rape was originally considered a crime against a woman's chastity, the offender having carnal knowledge successfully without the woman's consent. The late 1990's marked a milestone in the Philippine legal system, for republic act 8353 was enacted into law which introduced radical changes to the centuries-old rape law. The anti-rape law of 1997 transferred rape from crime against chastity to crimes against persons and expanded the coverage of rape to include paragraph two in article 266-A of the revised penal code in which a male person can now be a victim of rape sexual assault. More than 20 years have passed since its introduction. This research revisits republic act 8353 which is now article 266-A of the revised penal code in order to determine whether or not the said law contains loopholes, taking into account the contemporary times and the society. This paper will attempt to discuss the gaps which are not currently covered and propose necessary amendments in order to update and reform the anti-rape law. This study determines whether the concept of rape as penalized under the revised penal code covers all acts of sexual intercourse involving the lack of consent of the other. The study made use qualitative method through document analysis, this study also utilized interview guide questions in order to gather pertinent data in relation to the study. Based on the results of the study, the revised penal code provision punishing rape does not cover all acts. analogous to rape, like forced sex other than intersection, rape committed against a man and a trans-woman under paragraph one, as well as providing for express provision on penis touching the labia to constitute rape and marital rape. In connection thereto, a proposed amendment of the said law is proper in order to simplify the anti-rape law.

Law Law

Law Law

English