YOU’RE NOT SORRY Propriety of Using Marriage as a Cause of Extinguishment of the Criminal Liability of Rape "#$#%&'(#&$) *(&+$,#--# ./0 12 3%-45$6 77789:78 ;<%0 *(&+$ =2 >?@?&+%A%6 77BCCCD9 E"*>FG= =#&H B .2I2 BC78 J BC7K
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A. Background of the Research •
Definition of Marriag Marriage e –
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Art. 15, Sec. 2 1987 Philippine Constitution Manuel vs. People, G.R. No. 165842
Definition of Family –
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Art. 149 of the Family Code Quiao vs. Quiao, G.R. No. 176556
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Prosecution of Rape and Extinction of the Criminal Liability of Rape ( Art. 344, Art. 89 paragraph 7) Amendments made to the crime of Rape (R.A. 8353, Anti-Rape Law of 1997) Definition of Violence (R.A. 9262, R.A. 9710)
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Peace, order, liberty and human dignity (1987 Philippine Constitution Art. II Sec. 5 and 11) Equal Protection of the laws (1987 Philippine Constitution Art. III Sec. 1) Role of women in nation building (1987 Philippine Constitution Art.II, Sec. 14, R.A. 7192, CEDAW )
B. Research Question •
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C. Significance of the Research 010234!50 •
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D. Scope of the Study •
EXTINGUISHMENT of the Criminal Liability of Rape as observed in the following laws: –
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R. A. 8353 RPC: Art. 89, par. 7 RPC: Art. 344, par. 4
WOMEN as a focus of this research
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RAPE AND SEXUAL VIOLENCE •
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Luo, Marciniak, Giacopassi, Wilkinson & Rose: Rape has a gender role wherein the man is the offender and the woman is the victim Estrich, Tadros & Archard: Rape is a crime against society and justice should be upheld.
MARRIAGE, FAMILY LIFE AND OTHER UNDERLYING CONCEPTS •
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Nazio: Women cohabitating with men regardless of social standards and legal impediments. Dyer : “Seduction with Promise of Marriage” Clark & Richards: Escaping criminal liability of rape through forced marriages
WOMEN AND NATION BUILDING •
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Javellana: Women are still put in secondary jobs. Pecson & Ezer : Presented a contradicting statement that women are treated more fairly and are given more opportunities to contribute to national development.
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RESEARCH DESIGN •
The editorial depicts a hand that is crushing something. In this research, the researchers placed the law used as the main focus of the research in the middle together with the other laws that support it. While for the fingers, the researchers placed laws that supports the researchers study regarding the propriety of using marriage as a tool for extinguishing criminal liability especially in cases involving rape.
RESEARCH METHODOLOGY •
The historical method was applied as per the relevance and usage of laws throughout the course of history. It helps in understanding the application of the law at different periods in time.
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The psychological approach shall also be used in this study to understand the different implications of the crime of rape with regards to the victim and how our laws partake in the understanding of the mental facilities in consonance with the different parties involved in the crime of rape and how one may act in line with the usage of such remedies afforded to the offender.
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R.A. No. 8353: The Anti-Rape Law of 1997 •
Shift from crimes against Chastity -> Persons “violates not merely the chastity but the very core of the victim’s person, like murder or homicide, which are considered as crimes against persons”
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“Revolutionized” definition of Rape Gender-free rape - Due to the expansion of the definition, rape can now be committed against a woman or a man. (Although the focus of the study is about women only)
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Private Crime to Public Crime –
Not necessarily that the victim and her family could file the case of rape, someone who has knowledge could file the crime of rape
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Family, Marriage, and Rape
Family – “basic unit of society” (Art. 15 Sec. 1 of the Constitution) Marriage – “inviolable social institution, is the foundation of the family and shall be protected by the State ” (Art. 15 Sec. 2 of the Constitution) Rape – an invasion of the integrity of one’s body and a violation of freedom and self-determination wherever it happens to take place, in or out of the marriage bed (Records of the Senate)
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Family and Marriage should be subject to the protection of the State according to the Constitution
“xx the family is a social institution. And any violation against the social institution is supposed to be a public crime because it is not the victim herself who is basically affected, but the entire family, if not a clan or including perhaps the relatives of the victim.”
2nd: EQUAL PROTECTION: AN IMBALANCE IN RIGHTS AND PRIVILEGES •
Two sides of the scenario –
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Rape offender who will not be subject to any criminal liability because he married the offended party Rape offender who is subject to criminal liability because he was not given pardon by the offended party.
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Equal protection clause (Art. 3 Sec. 1) Rape is mala in se because the act itself constitutes a grave wrong to society the moment that it is committed, and not just because a law prohibits the crime to be committed. Sexual violence is committed either way.
3rd: Women in Nation Building •
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does not support the victim in terms of the support that one gets to get back on one’s feet to continue being a progressive citizen contributing to the development of the nation the presumption of psychological damage sustained after being victimized
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1) “sexual violence is committed regardless of the pardon afforded to the accused” -Pardon to be given does not change anything in whatever situation they are -Not upholding the rights of a person regardless of their standing in life.
2) “rape is no longer a crime against chastity” -According to Sec 2 of R.A. 8353 also known as “The Anti-Rape Law of 1997”
CONCLUSION NOT CONSTITUTIONAL •
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State and family & marriage relations Equal Protection Clause Women in Nation Building
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Repeal the provision of the Revised Penal Code specifically Art. 344 and related provisions as per the extinguishment of the criminal liability of rape by virtue of marriage.