A look beyond violent crimes against women

From The Manila Times:

About three women are reportedly being raped each day last year, according to statistics released by the Philippine National Police on Friday.

The record shows a 5-percent increase in rape cases in 2003, or 1,117 incidents compared to the 1,063 cases reported in 2002.

Lest the public starts getting the impression that crime rates have been increasing during Gloria Arroyo’s term, Senior Supt. Yolanda Tanigue, chief of the PNP Women’s and Children’s Concern Division, is quick to point out that the higher number of rape cases should be viewed from the context the broader definition of rape under Republic Act 8353, or the Antirape Law of 1997.

Statistics are, of course, open to various interpretations depending on the conslusion the interpreter wants to support. Tanigue might be correct. Or, the higher number could be simply that–more rape incidents which can be due to the increasing population. Whichever it is, one thing is clear. The death penalty is not serving its purpose; it is not working as a deterrent to the commission of rape.

R.A. 8353 is a source of pride for the Philippine government. It is supposed to provide harsher penalties for rapists. It provides a broader definition for rape. It is meant to serve as a more effective deterrent. It is also meant to encrourage more victims to come out openly and cause the prosecution of their offenders. Does R.A. 8353 really do all that?

The rape statistics should also be considered relative to the 4,296 cases (from another report in the Manila Times) of battering and physical injuries cases where the victims are women.

Is there a direct relation between the two sets of statistics? Specifically, what is the percentage of the rape cases that actually reach trial and how many are amicably settled? Oh, yes, rape cases can be settled. The law, old and new, provides that marriage between offender and victim extinguishes criminal liability. Just how many of these settled rape cases are subsequently translated into cases of domestic violence?Before R.A. 8353, rape was punishable under The Revised Penal Code as a crime against chastity.

Art. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present.

The crime of rape shall be punished by reclusion perpetua…