Francis Carl Emborgo

Crime Detection and Investigation

RAPE

As per RA 8353 or also known as the Anti-Rape Law of 1997, rape is defined as a crime against
persons; it violates a person’s well being and not just one’s virginity or purity. The law considers that any
person, whether a prostituted person, non-virgin or one who has an active sexual life may be victimized
by rape. Furthermore, rape is also a public offense. By declaring that rape is a crime against persons, the
law no longer considers it as a private crime. As included in the video, there is a certain process that the
person or any authority has to undertake, when a rape case has divulged or suspected. Firstly, tagging of
Evidence. By properly tagging the evidences, persons in authority or the investigators reduce the risk to
tamper the evidence thereby enables to easily identify the evidences for further investigation in the near
future.
In the Philippines, as a whole, prosecution of different cases (not just rape cases) involves a
multifaceted legal process, such as series of court hearings, thorough investigations, and other types of
judicial procedures. For rape cases, to be specific, once the initial investigation has been completed, and
the gathered evidences are sufficient, the prosecutor will then file the case in the court. This I believe the
formal start of the rape case.
Once the case has been filed, arraignment and several court trials will be undertaken. The
accused, which can also be formally referred as the “defendant”, will be arraigned and will plead guilty or
not guilty. Following this will be the trial where actual presentation of evidences by both the prosecution
and the defense will take place. This is also the phase where examination and cross-examination of
witnesses, and arguments of both sides will be initiated.

Recommendation
While the Philippine Constitution guarantees the right to speedy trial, the reality is that judicial
processes can take time. Several factors can impact the duration of the trial for rape cases in the
Philippines. And while it is also very clear that the legal process is complex and it follows a very
structured path, and sometimes the duration could be very long or time consuming; ALL persons involved
have to be aware with the rights and at the same time limitations, and even the procedural aspects that
they need to consider to navigate the system effectively.
Conclusion
Undoubtedly, almost a 100% of the blame, shame and responsibility for sexual violence and
abuse lies with the perpetrator. The victim or let’s say “survivors” should NEVER be blamed or made to
feel guilty for what happened to them. Having to experience such a cruel act will make people struggle
with feeling of shame and guilt, so it is very important to let them know that they are safe and valued, and
they don’t need to feel this way. Finally, the victim has to be provided with enough support, medical or
legal. It is also very important if they will be provided with enough counselling. A trained counselor can
help them deal with emotional trauma.