CHAPTER 7:

RAPE
BY: RET. PLT COL MARIO BAESA GARCIA
What law punishes the crime of Rape?
Revised Penal Code Article 266 as amended by RA 8353
Rape is derived from the Latin word “ Rapere” or to take by force,
often perceived primarily as sexually-motivated act, however upon the
enactment of Republic Act 8353, otherwise known as the Anti Rape Law
of 1997, amending the Revised Penal Code, rape is identified primarily
a violent act in which a sexual relations are merely a means of
expressing, violence, aggression and domination. Consequently, it is
divided into two acts; rape by sexual intercourse and rape through
sexual assault, which could be committed by a male and female.
What are the elements of Rape?
1. Rape is committed by a man who shall have
carnal knowledge of a woman under any of the
following circumstances:
a. Through force threat violence or intimidation
b. When the offended party is deprived of
reason or is otherwise unconscious
c. By means of fraudulent machination or grave
abused of authority
d. When he offended party is under 12 years of
age or is demented, even though none of the
circumstances mentioned above is present
2. By any person who, under any of the following
circumstances mentioned in par 1 hereof, shall
commit an act of sexual assault by inserting his
penis into another person’s mouth, anal orifice
or instrument or object, into the genital ot anal
orifice of another person. (RA 8353)
 REPUBLIC ACT NO. 11648, March 04,
2022
*Amended the RA 8353 (Anti-Rape Act of
1997) and states that it will be considered
statutory rape if an adult has sexual
intercourse with a person under 16 years
old
Rape is Qualified under the following circumstances:
a. a. When the victim is under 18 years old and the
offender is a parent, ascendant, step-parent,
guardians, relative by consanguinity or affinity
within the third civil degree or the commonly
spouses of the parent of the victim.
b. b. When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institutions
c. When the rape is committed in the full view of the spouse,
parent, any of the children or relative within the third civil degree
of consanguinity
d. When the victim is a religious engaged in legitimate religious
vocation calling and is personality known to be such by the
offender before at the time of the commission of the crime
e. When the victim is below 7 years of age
f. When the offender knows that he is afflicted with human
immune-deficiency VIRUS or HIV, immune deficiency syndrome
(AIDS) or any other sexually transmissible disease and the virus
or disease is transmitted to the victim
g. When the offender is a member of the AFP, or para-military units
thereof, or the Philippine National Police or any law enforcement
agency, penal institution, when the offender takes advantage of
his position to facilitate the commission of the crime
h. When by reason or on the occasion of the rape, the victim
suffered permanent mutilation or disability
i. When the offender new of the pregnancy of the victim or
offended party at the of the commission of the crime and
j. 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
Three types of Rape
a. Anger rape - sexual attack becomes a means of
expressing rage or anger and involves far more
physical assault upon the victim than is necessary.
b. Power Rape - assailant primarily wishes to express his
domination over the victim. Since rape is an expression
of power rather than the means of sexual gratification.
The rapist generally uses only the amount of force
necessary to exert his super dominant position.
c. Sadistic Rape - perpetrator combines the
sexuality and aggression aims in psychotic
desire to often torment, torture or otherwise
abuse his victim
Categories of Rapists
a. Naïve Graspers- sexually inexperienced youth who
possess unrealistic conception of female erotic arousal.
Awkward in relating to the opposite sex, they hold high
expectations that their crude advances will be met with
affection by their victim.
b. Meaning Stretchers- an offender misinterpret woman
expressions of friendliness. And affection as indicating
that the female desires couitus even when she says no.
c. Sex Looters- person who has a low desire for
affection or low respect for victim’s autonomy
and callously use as sex object.
d. Group Conformers- rapist participates in a group
rape or gang bang, often following the leader. A
sex looter left a sense of conformity and notion
demonstrating their masculinity.
 Element of Carnal Knowledge. Rapture of the hymen is not
essential nor is it an element of rape. Absence of hymenal
laceration is also not an indicia that rape has not been committed.
“Slightest Penetration”, explained. Decisions finding a case for
rape even if the attacker’s penis merely touched the external
portion of the genitalia were made in the context of the existence
of an erectile penis capable of full penetration. The elements of
carnal knowledge cannot establish itself by presumptions, but
always the burden lies with the Sate to prove this act positively
and actually. (People v. Quare, GR. Nos 140729-30, 15 February
2002)
 The elements of carnal knowledge cannot
establish itself by presumptions, but always the burden
lies with the Sate to prove this act positively and
actually. (People v. Quare, GR. Nos 140729-30, 15
February 2002)
Anti-Rape Law of 1997, by forcing the victim to lie
force down and inserting the suspect’s penis into her
anus committed rape under Art 266-A of the RPC as
amended by RA 8353 (Anti-Rape of 1997)