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Rape in the Philippines is considered a criminal offense. In Philippine jurisprudence, it is a heinous crime punishable by reclusión perpetua when committed against women. Rape of males is also legally recognized as rape by sexual assault, which is penalized by imprisonment of six to twelve years. [ 1][ 2]
The 2009 Law on Elimination of Violence against Women (EVAW) does not exclude spousal rape in its section on Sexual Assault. [law 1] However, Article 134 (2) of the Shia Personal Status Law states "It is the duty of the wife to defer to her husband's inclination for sexual enjoyment". [law 2] Albania: Explicitly criminalised [7]
The term "violence against women" is "the word or concept (that) has been used in a broad, inclusive manner to encompass verbal abuse, intimidation, physical harassment, homicide, sexual assault, and rape ." [ 1] This form of violence is gender-biased. Violence occurs precisely because of their gender, specifically because the victims are women.
Instead, the law criminalizes "sexual assault," which is defined as sexual contact with another person without that other person's consent. The offence of sexual assault is broader than the historical offence of rape. Proof of penetration is not required to ground the offence of sexual assault, nor is the offence gender specific.
Features. The Revised Penal Code criminalizes a whole class of acts that are generally accepted as criminal, such as the taking of a life whether through murder or homicide, rape, robbery theft, and treason. The Code also penalizes other acts that are considered criminal in the Philippines, such as adultery, concubinage, and abortion.
Sexual assault is defined as sexual contact with another person without that other person's consent. Consent is defined in section 273.1 (1) as "the voluntary agreement of the complainant to engage in the sexual activity in question". Section 265 of the Criminal Code defines the offences of assault and sexual assault.
The law may also have been used to prosecute adult male citizens who willingly took a receiving passive role in same-sex penetrative intercourse, but prosecutions are rarely recorded and the provisions of the law are vague; as John Boswell has noted. "if there was a law against carnally lustful relations between individuals of the same-sex, no ...
This was replaced with the old Penal Code which was put in place by Spanish authorities, and took effect in the Philippines on July 14, 1876. This law was effective in the Philippines until the American colonization of the Philippines. It was only on December 8, 1930, when it was amended, under Act. No. 3815, with the enactment of the Revised ...