What acts are considered rape under RA 8353?

Rape includes a man having sexual intercourse with a woman through force, threat, intimidation, when the victim is unconscious, by fraud or abuse of authority, or if the victim is under 12 years old or demented. It also covers any person inserting his penis into another’s mouth or anal opening, or inserting any object into another’s genital or anal opening, under the same circumstances.

What are the penalties for rape?

Rape under the first definition is punished by reclusion perpetua; rape under the second definition is punished by prision mayor. Higher penalties apply if a deadly weapon is used, multiple offenders are involved, or any of the ten aggravating circumstances are present.

When is the death penalty imposed for rape?

The death penalty applies when the rape is committed with a deadly weapon, by two or more persons, results in the victim’s insanity, or when any of the ten listed aggravating circumstances (such as victim under 18 and related to the offender, victim in police custody, victim a child under 7, offender infected with HIV/AIDS, etc.) are present.

Does a subsequent marriage between the victim and offender cancel the criminal case?

Yes, a valid marriage after the crime extinguishes the criminal action and any penalty, unless the marriage is void from the beginning. If the offender is the victim’s legal husband, the wife’s forgiveness also extinguishes the action, subject to the same void‑marriage exception.

What evidence of resistance can be used in a rape case?

Any physical act showing resistance by the victim, or the victim’s condition that makes consent impossible, may be accepted as evidence in prosecuting rape.

Who can be prosecuted under the anti‑rape law?

Both a man who commits sexual intercourse under the listed circumstances and any person who commits sexual assault by inserting a penis or object into another’s mouth, genital, or anal opening can be prosecuted.

What happens if part of RA 8353 is declared unconstitutional?

Only the invalid part is struck down; the rest of the law remains in force.

RA 8353 - Anti-Rape Law (1997)

Philippine lawLegal status not independently verified

In brief

AI summary. Verify against the source below.

RA 8353 redefines rape, classifies it as a crime against persons, and sets penalties ranging from reclusion perpetua to death depending on circumstances. It also provides rules on pardons, marriage, and evidentiary presumptions.

Who it affects: The law applies to any person who commits the acts defined as rape, as well as victims of such acts.

Key provisions

Classification of rape. Rape is now classified as a Crime Against Persons and placed in a new Chapter Three of the Revised Penal Code. [Sec. 2]
Definition of rape – by a man. Rape is committed when a man has sexual intercourse with a woman through force, threat, intimidation, when the victim is unconscious, by fraud or abuse of authority, or if the victim is under 12 years old or demented, even without the other circumstances. [Art. 266-A]
Definition of rape – by any person. Rape also includes any person who, under the same circumstances, inserts his penis into another person's mouth or anal opening, or inserts any object into the genital or anal opening of another person. [Art. 266-A]
Penalty for rape under paragraph 1. Rape under the first definition is punished by reclusion perpetua; if a deadly weapon is used, two or more persons commit it, or certain aggravating circumstances exist, the penalty may be reclusion perpetua to death. [Art. 266-B]
Penalty for rape under paragraph 2. Rape under the second definition is punished by prision mayor; the penalty can increase to reclusion temporal or higher if a deadly weapon is used, multiple offenders are involved, or aggravating circumstances apply. [Art. 266-B]
Aggravating/qualifying circumstances. The death penalty or higher imprisonment applies when the victim is under 18 and related to the offender, in police custody, witnessed by close relatives, a religious person, a child under 7, infected with HIV/AIDS, the offender is a member of the armed forces or police abusing his position, the victim suffers permanent injury, the offender knew the victim was pregnant, or the offender knew the victim had a disability. [Art. 266-B]
Effect of marriage or forgiveness. If the victim later marries the offender, the criminal action and penalty are extinguished, unless the marriage is void from the start; if the offender is the victim’s legal husband, the wife’s forgiveness also extinguishes the action, subject to the same void‑marriage exception. [Art. 266-C]
Presumptions of resistance. Any physical act showing resistance by the victim, or the victim’s inability to give valid consent, may be used as evidence in prosecuting rape. [Art. 266-D]
Separability clause. If any part of this law is declared invalid, the remaining parts stay in effect. [Sec. 3]
Repealing clause and effectivity. All previous provisions that conflict with this law are repealed, and the law takes effect 15 days after publication in two newspapers. [Sec. 4, Sec. 5]

Common questions

What acts are considered rape under RA 8353?: Rape includes a man having sexual intercourse with a woman through force, threat, intimidation, when the victim is unconscious, by fraud or abuse of authority, or if the victim is under 12 years old or demented. It also covers any person inserting his penis into another’s mouth or anal opening, or inserting any object into another’s genital or anal opening, under the same circumstances. [Art. 266-A]
What are the penalties for rape?: Rape under the first definition is punished by reclusion perpetua; rape under the second definition is punished by prision mayor. Higher penalties apply if a deadly weapon is used, multiple offenders are involved, or any of the ten aggravating circumstances are present. [Art. 266-B]
When is the death penalty imposed for rape?: The death penalty applies when the rape is committed with a deadly weapon, by two or more persons, results in the victim’s insanity, or when any of the ten listed aggravating circumstances (such as victim under 18 and related to the offender, victim in police custody, victim a child under 7, offender infected with HIV/AIDS, etc.) are present. [Art. 266-B]
Does a subsequent marriage between the victim and offender cancel the criminal case?: Yes, a valid marriage after the crime extinguishes the criminal action and any penalty, unless the marriage is void from the beginning. If the offender is the victim’s legal husband, the wife’s forgiveness also extinguishes the action, subject to the same void‑marriage exception. [Art. 266-C]
What evidence of resistance can be used in a rape case?: Any physical act showing resistance by the victim, or the victim’s condition that makes consent impossible, may be accepted as evidence in prosecuting rape. [Art. 266-D]
Who can be prosecuted under the anti‑rape law?: Both a man who commits sexual intercourse under the listed circumstances and any person who commits sexual assault by inserting a penis or object into another’s mouth, genital, or anal opening can be prosecuted. [Art. 266-A]
What happens if part of RA 8353 is declared unconstitutional?: Only the invalid part is struck down; the rest of the law remains in force. [Sec. 3]

Tenth Congress
Third Regular Session

Republic Act No. 8353 September 30, 1997

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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:

"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

"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.

"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.

"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.

"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 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 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.

"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.

"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.

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

"Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed.

"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.

"Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A."

Section 3. Separability Clause. - If any part, Sec., or provision of this Act is declared invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid.

Section 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly.

Section 5. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in two (2) newspapers of general circulation.

Approved: September 30, 1997.