PANININDIGAN LABAN SA PANG-AABUSONG SEKSWAL

TUNGO SA MAAYOS NA PAGTINGIN SA SARILI AT

PAGTATAGUYOD NG DIGNIDAD NG TAO
PANG-AABUSONG SEKSWAL

• Ang pang-aabusong sekswal, o kilala rin sa tawag na

pangmomolestya, ay ang pagpilit ng mga hindi
kanais-nais na sekswal na pag-uugali ng isang tao sa
iba.

• Kung ito ay agarang pamumwersa, ng maiksing

durasyon, o madalang, ito ay tinatawag na sekswal
na panghahalay.
PANG-AABUSONG SEKSWAL

• Ang may sala ay tinatawag bilang isang mang-

aabusong sekswal o (madalas na nakasisira)
tagamolestiya.

• Ang kataga ay sumasaklaw din sa anumang pag-uugali

ng sino mang may sapat na gulang tungo sa isang
bata upang pasiglahin ang sino man sa dalawa ukol sa
gawaing sekswal.
PANG-AABUSONG SEKSWAL
• Kung ang biktima ay mas bata kaysa sa edad ng
pagpapahintulot, ito ay tinutukoy na pang-aabusong
sekswal sa bata.

• Ang isang maling gawaing sekswal ay maaaring

mangyari kung ang isang tao ay gumagamit ng posisyon
ng kapangyarihan upang pilitin ang ibang tao para
maakit sa isang hindi ninanais na sekswal na aktibidad.
PANG-AABUSONG SEKSWAL
• Halimbawa, ang sekswal na panliligalig sa lugar ng trabaho
ay maaaring magsangkot ng isang empleyado sa pagpilit sa
isang sekswal na sitwasyon ng dahil sa takot ng pagkakaalis
sa trabaho.

• Ang sekswal na panliligalig sa paaralan ay maaaring

magdawit ng isang mag-aaral na nagsusumite sa mga sekswal
na Gawain para sa isang taong nasa awtoridad sa takot na
maparusahan, halimbawa sa pamamagitan ng pagbibigay sa
kanya ng isang bagsak na marka.
SEKSWAL NA PANG-AABUSO SA BATA

• Ang sekswal na pang-aabuso sa bata ay isang anyo ng

pang-aabuso sa bata kung saan ang isang bata ay
inabuso para sa sekswal na kasiyahan ng isang
matanda o nagbibinata o nagdadalagang tao.
SEKSWAL NA PANG-AABUSO SA BATA

• Karagdagan pa sa mga direktang paglapit na sekswal,

ang sekswal na pang-aabuso ay nangyayari rinkapag
ang isang taong nasa wastong gulang ay walang
pakundangang nagpapakita ng kaniyang ari sa isang
bata, nagtatanong o namimilit sa isang bata para
maengganyo sa sekswal na gawain, nagpapakita ng
pornograpiya sa isang bata, o gumagamit ng isang
bata upang makabuo ng pornograpiya ng bata.
 MGA BATAS SA PILIPINAS NA NANGANGALAGA
SA KARAPATAN NG MGA KABABAIHAN AT KABATAAN
PANIMULA

• Simula pa noong 1991, ang Department of Social

Welfare and Development o DSWD ay nangangalaga
na sa mga kababihan at mga Kabataang nakaranas o
nakararanas ng pang-aabusong sekswal, prostitusyon,
panggagahasa, illegal recruitment, at domestic
violence.
PANIMULA

• Mula 1995 naman, ang Department of Health and the

Women’s Crisis Centre ay nakikipagtulungan na sa
ahensyang ito upang tulungan ang mga biktima ng
pang-aabuso.

• Maliban pa sa mga sangay na ito ng pamahalaan ang

mga sumusunod na batas ay nangangalaga rin sa
kapakanan ng mga kababihan at mga Kabataan.
Republic Act 9262

• AN ACT DEFINING VIOLENCE AGAINST WOMEN AND

THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES

• SECTION 1. Short Title.- This Act shall be known as

the "Anti-Violence Against Women and Their Children
Act of 2004".
 Republic Act 9262
• SECTION 2. Declaration of Policy.- It is hereby declared that the State values
the dignity of women and children and guarantees full respect for human
rights. The State also recognizes the need to protect the family and its
members particularly women and children, from violence and threats to their
personal safety and security.

• Towards this end, the State shall exert efforts to address violence committed
against women and children in keeping with the fundamental freedoms
guaranteed under the Constitution and the Provisions of the Universal
Declaration of Human Rights, the convention on the Elimination of all forms of
discrimination Against Women, Convention on the Rights of the Child and
other international human rights instruments of which the Philippines is a
party.
 Republic Act 9262
• SECTION 3. Definition of Terms.- As used in this Act,

• (a) "Violence against women and their children" refers to any act or a
series of acts committed by any person against a woman who is his wife,
former wife, or against a woman with whom the person has or had a
sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without
the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the following
acts:
 Republic Act 9262
• "Physical Violence" refers to acts that include bodily or
physical harm;

• "Sexual violence" refers to an act which is sexual in nature,

committed against a woman or her child.
 Republic Act 9262
• "Psychological violence" refers to acts or omissions causing or likely
to cause mental or emotional suffering of the victim such as but
not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of
the family to which the victim belongs, or to witness pornography
in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of
common children.
 Republic Act 9262
• "Economic abuse" refers to acts that make or attempt to make a
woman financially dependent

• (b) "Battery" refers to an act of inflicting physical harm upon the

woman or her child resulting to the physical and psychological or
emotional distress.

• (c) "Battered Woman Syndrome" refers to a scientifically defined

pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.
 Republic Act 9262
• (e) "Dating relationship" refers to a situation wherein the parties
live as husband and wife without the benefit of marriage or are
romantically involved over time and on a continuing basis during
the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social
context is not a dating relationship.

• (f) "Sexual relations" refers to a single sexual act which may or may
not result in the bearing of a common child.
 Republic Act 9262
• (g) "Safe place or shelter" refers to any home or institution
maintained or managed by the Department of Social Welfare and
Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or
any other suitable place the resident of which is willing temporarily
to receive the victim.

• (h) "Children" refers to those below eighteen (18) years of age or

older but are incapable of taking care of themselves as defined
under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.
 Republic Act 7610
• AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER PURPOSES

• Section 1. Title. – This Act shall be known as the "Special

Protection of Children Against Abuse, Exploitation and
Discrimination Act."
 Republic Act 7610
• Section 2. Declaration of State Policy and Principles. – It is hereby declared
to be the policy of the State to provide special protection to children from
all firms of abuse, neglect, cruelty exploitation and discrimination and
other conditions, prejudicial their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and
crisis intervention in situations of child abuse, exploitation and
discrimination. The State shall intervene on behalf of the child when the
parent, guardian, teacher or person having care or custody of the child fails
or is unable to protect the child against abuse, exploitation and
discrimination or when such acts against the child are committed by the
said parent, guardian, teacher or person having care and custody of the
same.
 Republic Act 7610
• It shall be the policy of the State to protect and
rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and
normal development and over which they have no control.
 Republic Act 7610
• The best interests of children shall be the paramount
consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions,
courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for
Children as enunciated in the United Nations Convention
of the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their
opportunities for a useful and happy life.
 Republic Act 7610
• Section 3. Definition of Terms. –

• (a) "Children" refers to person below eighteen (18) years of

age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a
physical or mental disability or condition;
 Republic Act 7610
• (b) "Child abuse" refers to the maltreatment, whether
habitual or not, of the child which includes any of the
following:
• (1) Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
• (2) Any act by deeds or words which debases, degrades
or demeans the intrinsic worth and dignity of a child as
a human being;
 Republic Act 7610
• (b) "Child abuse" refers to the maltreatment, whether
habitual or not, of the child which includes any of the
following:
• (3) Unreasonable deprivation of his basic needs for survival,
such as food and shelter; or
• (4) Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his growth
and development or in his permanent incapacity or death.
 Republic Act 7610
• (c) "Circumstances which gravely threaten or endanger the
survival and normal development of children" include, but
are not limited to, the following;
• (1) Being in a community where there is armed conflict
or being affected by armed conflict-related activities;
• (2) Working under conditions hazardous to life, safety
and normal which unduly interfere with their normal
development;
 Republic Act 7610
• (c) "Circumstances which gravely threaten or endanger the
survival and normal development of children" include, but
are not limited to, the following;
• (3) Living in or fending for themselves in the streets of urban or
rural areas without the care of parents or a guardian or basic
services needed for a good quality of life;
• (4) Being a member of a indigenous cultural community and/or
living under conditions of extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate access to basic
services needed for a good quality of life;
 Republic Act 7610
• (c) "Circumstances which gravely threaten or endanger the
survival and normal development of children" include, but
are not limited to, the following;
• (5) Being a victim of a man-made or natural disaster or
calamity; or
• (6) Circumstances analogous to those abovestated which
endanger the life, safety or normal development of
children.
 Republic Act 7610
• (d) "Comprehensive program against child abuse,
exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children
against:
• (1) Child Prostitution and other sexual abuse;
• (2) Child trafficking;
• (3) Obscene publications and indecent shows;
• (4) Other acts of abuses; and
• (5) Circumstances which threaten or endanger the survival and normal
development of children.
 Republic Act 8353
• AN ACT EXPANDING THE DEFINITION OF THE CRIME OF
RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST
PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL
CODE, AND FOR OTHER PURPOSES
 Republic Act 8353
• Section 1. Short Title. - This Act shall be known as "The Anti-
Rape Law of 1997.“

• Section 2. Rape as a Crime Against Persons. - The crime of rape

shall hereafter be classified as a Crime Against Persons under
Title Eight of Act No. 3815, as amended, otherwise known as
the Revised Penal Code. Accordingly, there shall be
incorporated into Title Eight of the same Code a new chapter
to be known as Chapter Three on Rape, to read as follows:
 Republic Act 8353 – Chapter Three (Rape)

• "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 grave abuse of
authority; and
 Republic Act 8353 – Chapter Three (Rape)

• "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 person's
mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person.
 Republic Act 8353 – Chapter Three (Rape)

• "Article 266-B. Penalty. - Rape under paragraph 1 of the next

preceding article shall be punished by reclusion Perpetua.
• "Whenever the rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.
• "When by reason or on the occasion of the rape, the victim
has become insane, the penalty shall become reclusion
perpetua to death.
 Republic Act 8353 – Chapter Three (Rape)

• "Article 266-B. Penalty. - Rape under paragraph 1 of the next

preceding article shall be punished by reclusion Perpetua.
• "When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall become reclusion perpetua to
death.
• "When the rape is attempted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be
reclusion perpetua to death.
• "When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be death.
 Republic Act 8353 – Chapter Three (Rape)

• "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;
 Republic Act 8353 – Chapter Three (Rape)

• "The death penalty shall also be imposed if the crime of rape is

committed with any of the following aggravating/qualifying
circumstances:
"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 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;
 Republic Act 8353 – Chapter Three (Rape)

• "The death penalty shall also be imposed if the crime of rape is

committed with any of the following aggravating/qualifying
circumstances:
"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;
 Republic Act 8353 – Chapter Three (Rape)

• "The death penalty shall also be imposed if the crime of rape is

committed with any of the following aggravating/qualifying
circumstances:
"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;
 Republic Act 8353 – Chapter Three (Rape)

• "The death penalty shall also be imposed if the crime of rape is

committed with any of the following aggravating/qualifying
circumstances:
"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
 Republic Act 8353 – Chapter Three (Rape)

• "The death penalty shall also be imposed if the crime of rape is

committed with any of the following aggravating/qualifying
circumstances:
"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.
 Republic Act 8353 – Chapter Three (Rape)

• "Rape under paragraph 2 of the next preceding article shall

be punished by prision mayor.
• "Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the penalty
shall be prision mayor to reclusion temporal.
• "When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall be
reclusion temporal.
 Republic Act 8353 – Chapter Three (Rape)

• "Rape under paragraph 2 of the next preceding article shall

be punished by prision mayor.
• "When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion temporal to reclusion
perpetua.
• "When by reason or on the occasion ofthe rape,
homicide is committed, the penalty shall be reclusion
perpetua.
 Republic Act 8353 – Chapter Three (Rape)

• "Rape under paragraph 2 of the next preceding article shall

be punished by prision mayor.
• "Reclusion temporal shall be imposed if the rape is
committed with any of the ten aggravating/ qualifying
circumstances mentioned in this article.