You're not sorry: Propriety of using marriage as a cause of extinguishment of the criminal liability of rape

• Main Authors: Baldos, Christelle Ayn D., Luzuriaga, Ivan Chris T.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Rapists > Legal status, laws, etc. > Philippines; Rape victims > Legal status, laws, etc. > Philippines; Pardon > Philippines; Rape—Law and legislation > Philippines; Criminal Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/14981
• Institution: De La Salle University

You're not sorry : propriety of using marriage as a cause of extinguishment of the criminal liability of rape is a thesis about how the criminal liability of rape is extinguished by virtue of a marriage contracted in good faith between a man and a woman. This pardon is afforded to the offender as provided by the Revised Penal Code as amended by Republic Act No. 8353 otherwise known as The Anti-Rape Law of 1997 which is a consolidation of House Bill No. 6265 and Senate Bill No. 950. This bill was enacted during the reign of then President Fidel V. Ramos. The researchers averred in this study that this pardon is unconstitutional, therefore making it an unsuitable form of pardon to the criminal liability of rape. Rape, as a crime, includes force, threat, intimidation and domination thus impending the victim's rights as a person and depriving the victim of equality which is what our laws are trying to protect. The bases that were used included the protection of equal rights of women and men, the equal protection of the status of offenders as provided by the researchers, the preservation of the capability of women in contributing to national development and most importantly, the foundation of the family vis-a-vis the crime of rape and the pardon afforded to the accused.