Rape In The Philippines

Rape, in Philippine Jurisprudence, is considered a criminal offense. In Philippine society, it is a heinous crime punishable by life imprisonment.

The law

The Anti-Rape Law of 1997, which amended the previous definition of rape as defined in the Revised Penal Code of 1930, now defines the crime of rape as follows:

Quotation
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.cite web
url = http://www.chanrobles.com/republicactno8353.htm
title = The Anti-Rape Law of 1997
accessdate = 2006-12-20
date= 1997-09-30
publisher = Chanrobles Law Library

tatistics

Statistics on the incidence of rape are usually based on available police records. More often, these are inaccurate and not a true representation of the problem, for cultural and social stigmatisation associated with rape act as significant barriers to women reporting rape. Furthermore, women are more likely not to report rape if there is little support from their families, law enforcement agencies and the health sector.In the Philippines, The [http://www.aworc.org/index.html Asian Women's Resource Exchange] (AWORC), an Internet-based women's information service, reports that 794 rapes occurred in the Philippines in the first four months of 1997. [Citation
url=http://www.aworc.org/bpfa/pub/sec_d/vaw00001.html
title=Rape: An Underreported Crime
publisher=Asian Women's Resource Exchange
accessdate=2008-02-18; citing 1998. "New rape law sides with victims in the Philippines," [http://www.fwrm.org.fj/index.cfml?go=view&pgID=49 Balance] . Fiji: Fiji Women's Rights Movement (FWRM). March-April. p.5.] During the first semester of 1999 alone, there were 2,393 children who fell prey to rape, attempted rape, incest, acts of lasciviousness and prostitution.Citation
url=http://www.childprotection.org.ph/factsfigures/index.html
title=Child Abuse: A Silent Epidemic
publisher=Child Protection in the Philippines
accessdate=2008-02-18] As of 2006, Rape continued to be a problem, with most cases going unreported. During the year, the PNP reported 685 rape cases There were reports of rape and sexual abuse of women in police or protective custody--often women from marginalized groups, such as suspected prostitutes, drug users, and lower income individuals arrested for minor crimes.Citation
url=http://www.state.gov/g/drl/rls/hrrpt/2006/78788.htm
title=Country Reports on Human Rights Practices - 2006
publisher=U.S. Department of State: Bureau of Democracy, Human Rights, and Labor
date=March 6, 2007
accessdate=2008-02-18] . The situation continued in 2007, with the number of reported rape cases increasing to 879.Citation
url=http://www.state.gov/g/drl/rls/hrrpt/2007/100535.htm
title=Country Reports on Human Rights Practices - 2007
publisher=U.S. Department of State: Bureau of Democracy, Human Rights, and Labor
date=March 11, 2008
accessdate=2008-09-02]

Rape and Sexual Abuse of Women in Custody

Women in the custody of law enforcement officials in the Philippines are vulnerable to torture, including rape and sexual abuse.Between 1995 and 2000 Amnesty International received reports of more than 30 incidents of rape or other sexual abuse of women or girls in custody. The organization fears that this figure represents only a fraction of the real number of cases.Rape of women detainees by police officers, jail guards or military officials always constitutes torture. It is both a physical violation and injury as well as a humiliating assault on a woman's mental and emotional integrity.Other forms of sexual abuse by law enforcement officials, including the threat of rape, verbal sexual abuse and mocking, designed to degrade and humiliate, may also constitute torture or other forms of cruel, inhuman and degrading treatment.According to Amnesty International's information, there has been only a small number of convictions of police officers for rape of female detainees.Citation
url=http://www.amnesty.org/en/alfresco_asset/abe0075b-a45a-11dc-bac9-0158df32ab50/asa350012001en.html
title=PHILIPPINES: Fear, shame and impunity: Rape and sexual abuse of women in custody
publisher=Amnesty International
accessdate=2008-02-18]

exual slavery

Prostitution in Olongapo City and Angeles City was highly prominent during the time of the U.S. military bases called Subic Bay Naval Base and Clark Air Base, respectively. [citation|url=http://www.military.com/NewContent/0,13190,SOF_0904_Slavery1,00.html |title=The Modern Scourge of Sex Slavery |publisher=Soldier of Fortune Magazine |author=Martin Brass |year=2004] [citation|title=The Sex Sector: The Economic and Social Bases of Prostitution in Southeast Asia |author= Lin Lean Lim|year=1998|publisher=International Labour Organization|id=ISBN 9221095223 |url=http://books.google.com/books?id=VFNKZbL1jWwC&pg=PA102&lpg=PA102&ots=w5KZvdwkPh&dq=%22prostitution%22+%22Angeles+City%22&ie=ISO-8859-1&output=html&sig=X8XGA7in4nbY0g-n5FvwUXTS_So]

The current trade is dominated by Australian bar operators, and sustained by tourists seeking inexpensive sex, often with children. [citation|title=The Sociology of Tourism|author= Yiorgos Apostolopoulos, Stella Leivadi, Andrew Yiannakis|year=1996|publisher=Routledge|id=ISBN 0415135087|url= http://books.google.com/books?id=6C4QuDjrVToC&pg=RA4-PA271&ots=NkOHv7kPua&dq=%22prostitution%22+%22Angeles+City%22&ie=ISO-8859-1&output=html&sig=T7A585Q1Tu6CuNb1AUUym0E_1Ok] In bars catering mostly to foreign men, girls are sold for a "bar fine". [http://web.archive.org/web/20030504090802/] Conditions are sometimes brutal [http://www.time.com/time/world/article/0,8599,106430,00.html The Forgotten Angels - TIME] ] Children and teenagers are lured into the industry from poor areas by promises of money and care, and are kept there by threats, debt bondage and the fear of poverty. [http://web.archive.org/web/20070123175954/]

Philippines Senator Ramon Bong Revilla, Jr., on July 26, 2006, called for coordination with the Philippine National Police vis-a-vis the public, the whistle blower and anti-prostitution Internet online petitioner initiator, to shed light and solve the alleged human trafficking in the Philippines, prostitution in the Philippines, sexual slavery or trafficking in human beings dens in Angeles City, Pampanga. Revilla re-filed Senate Bill No. 12, the "Anti Pornography Bill." [ [http://www.senate.gov.ph/press_release/2007/0726_revilla1.asp senate.gov.ph, REVILLA ASKS "SEX SLAVE CAMP" WHISTLEBLOWER TO SURFACE] ]

However, Angeles City police Chief Sonny Cunanan denied the allegations, alleging "the Women's and Children's Concerned Section (WCCS) and other agencies of the Angeles City Government that are responsible for the regular inspection of different bars and nightclubs have no records about the existence of a sex slave camp in the city." But he confirmed that "Angeles intelligence policemen, in coordination with other counterparts, were directed to look into the veracity of the report and file necessary charges against the operators of the illegal activities if these really exist." [ [http://sunstar.com.ph/static/net/2007/07/20/cop.chief.denies.sex.slave.camp.in.angeles.html sunstar.com.ph/static/net, Cop chief denies sex slave camp in Angeles] ]

Gang rape in the Philippines

There are no statistics on gang rape cases in the Philippines.The lack of numbers, however, do not mean the absence of the crime.Victims refuse to step forward for fear of being a social outcast.The police have no accurate picture on the incidence of gang rapes.Citation
url=http://www.bulatlat.com/news/6-12/6-12-dirty.htm
title=Rape Victims Viewed as 'Dirty Women'
author=Guia Abad
publisher=Bulatlat
volume=VI
issue=12
date=April 30 – May 6, 2006
accessdate=2008-02-18]

exually Transmitted Diseases

Rape is always associated with the risk of sexually transmitted diseases, particularly Human Immunodeficiency Virus (HIV).

Rape of Children

Research studies conducted in schools show that for every 3 Filipino children, one child experiences abuse.During the first semester of 1999 alone, there were 2,393 children who fell prey to rape, attempted rape, incest, acts of lasciviousness and prostitution.

Victimization

In a conservative society like the Philippines where a woman’s chastity is upheld as a virtue, the shame of being raped cuts deep. The same attitude lays blame on the victim, labeling the woman as “a flirt” who caused the act, wittingly or unwittingly, through various signals of enticement or invitation.The woman is victimized twice over, by the act of rape and by society’s judgment against her.

ilence

Most victims of gang rape remain silent for months before reporting the crime. Obet Montes, coordinator for services of the women's group Gabriela, says this is due to the victim’s fear of society’s judgment, of not wanting to be branded as “maduming babae” ("dirty woman"). She says further that a rape victim becomes so afraid that she is going to be blamed for the crime, that she denies that she was violated.

Claire Padilla, a lawyer and advocate of women's rights who prosecuted the case of a 19-year old who had the mental capacity of a six-year, old says that a rape victim who keeps silent becomes easy prey for continued abuse.

US Military Presence

In 2006, U.S. Marine Lance Cpl. Daniel Smith was sentenced to 40 years in prison for the rape of a Filipino woman. details|Subic rape case

pousal Rape

Spousal rape and abuse are also illegal, but enforcement is ineffective.

PNP and DSWD

The PNP and DSWD both maintained help desks to assist victims of violence against women and to encourage the reporting of crimes.With the assistance of NGOs, officers received gender sensitivity training to deal with victims of sexual crimes and domestic violence.Approximately seven to eight percent of PNP officers were women.The PNP has a Women and Children's Unit to deal with these issues.

NGOs

The women’s group Gabriela provides counseling for battered women, rape victims and other victims of violence against women.The Bathaluman Crisis Centre Foundation helps victims of rape and incest.The Support Group Volunteers provide assistance, and psychological interventions may also be initiated at the centre. Where appropriate, cases are referred to other agencies for more specialist assistance.The Women's Crisis Centre (WCC) provides temporary shelter, medical assistance and advocacy, legal assistance and advocacy, and stress management, it has two particularly innovative components - Feminist Counselling, and a Survivors Support Group to rape victims. [Citation
url=http://unifem-eseasia.org/projects/evaw/vawngo/vamphil.htm
title=Organizations Addressing VAW
publisher=United Nations development Fund for Women (UNIFEM)
accessdate=2008-02-18]

ee also

*Subic rape case
*Maggie dela Riva

External links

* [http://www.lawphil.net/judjuris/juri1971/jan1971/gr_28232_1971.html Lawphil.net, G.R. No. L-28232 February 6, 1971, People vs. Jose et al.]

References