On the wings of lust: Upholding the holistic well-being of women rape victims

• Main Authors: Olis, Lina H., Uy, Karen Nicole F.
• Format: text
• Language: English
• Published: Animo Repository 2016
• Subjects: Rape > Law and legislation > Philippines; Rape victims > Legal status, laws, etc. > Philippines; Rapists > Legal status, laws, etc. > Philippines; Criminal Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5668
• Institution: De La Salle University

Rape in the Philippines is a heinous crime punishable by life imprisonment. However, base from the Philippines statistics, the number of rape cases are still rising and it is considered one of the most common form of gender-based violence. Most cases reported are committed by men against women. It is beyond doubt that women are still urging for protection from law despite the Constitution and CEDAW provided. Some Philippine laws, such as the Effects of Pardon in Anti-Rape Law 1997 still fails to promote gender neutral and concrete protection against the crime of rape. Rape is not just an assault against woman's chastity but also on the human right of the victim. The crime creates a long term effects on the life of the victim which can be a hindrance to her future welfare. More so, the crime of rape must, as a requirement of its own statute and a matter of international human rights law, be interpreted and applied with equality between men and women.The research examines the current legal regime provided in the Philippine Anti-Rape law of 1997 specifically the provision Effects of Pardon. The pardon extinguishes the criminal liability of the offender when the rape victim enters into a marriage with him. Moreover, the researchers had assessed if this provision either encourages the offender to commit rape and escape criminal liability or it endangers the rape victim's life even after accepting the marriage offer. The issue is pondered in accordance to the human rights and gender equality provisions mandated by Constitution and CEDAW.The researchers have found out that the current provision is plagued by incentivizing the offender with the person he adores since it is an option for him. At the same time, this is putting the rape victims into more abuses after availing the effects of pardon. Base from the interviews, Philippine jurisprudence and different international codes, the researchers conclude that it is discriminatory to provide an option for the offender to fully escape criminal liability, instead he should face the criminal consequences accordingly. In contrast, the researchers suggest the Effect of Pardon to be substituted by Effect of Parole. With this criminal liability will not be extinguished and the offender will still serve his commuted criminal sentence after marriage. The offender will be under the surveillance of the officers during his cohabitation with the rape victim. This will give the rape victim options and at the same time, ensure the security and welfare of the rape victim during their marriage life.