Trigger warning

I was reviewing for our Crim exam and I wanted to share with women victims out there common misconceptions in PH laws re: Rape.

I'd like to let you know of your rights and encourage each one of you to pursue legal actions.

short thread:

An offender can be convicted with your LONE testimony.

Corroboration by other witnesses is seldom available and the presence of witnesses would even cast doubt to the possibility of rape.

Your lone testimony must be conclusive, logical, and probable. (People v. Landicho)

A broken hymen is NOT a requirement

The SC recognizes that the strength and dilatability of the hymen varies from one woman to another. Some may be elastic while some may be resistant. Thus, an unbroken hymen does NOT negate commission of rape. (People v. Aguinaldo)

Partial penetration is STILL rape

Proof that the whole penis penetrated the victim is not required. Absence of sperm does not negate rape. THE SLIGHTEST PENETRATION CONSUMMATES THE CRIME if attended by circumstances enumerated in ART. 266 of the RPC.

Inserting a finger or other objects inside your sex organ is STILL rape.

R.A. 8353 added rape by sexual assault as another way to commit rape. The insertion of finger or any object in your genitals, if attended by the circumstances enumerated under ART. 266, is also rape.

You don't need to prove that there's been physical force or intimidation if your offender has MORAL ASCENDANCY over you.

Cases of rape where offenders have moral ascendancy over the victims include their own fathers, uncles, stepfathers, and godfathers as their offenders.

Rape can also be committed by a WOMAN.

R.A. 8353 expanded the RPC to now cover "gender-free rape". It now punishes ANY PERSON who will commit the acts stated in ART. 266 paragraph 2.

Rape can be committed even if the offender is your HUSBAND/WIFE, BOYFRIEND/GIRLFRIEND

The Court recognizes marital rape which is a form of sexual violence that exists within marriage. The fact that the offender is your "sweetheart" is also of no moment if rape is committed.

I encourage the victims out there to pursue legal actions and get the justice you deserve.

There are orgs out there like Gabriela, or CWEARC which can help you and will be with you every step of the way.

I hope this thread helped!

This patriarchal society keeps me motivated in pursuing my dream of becoming a lawyer for the marginalised.