A look beyond violent crimes against women

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“When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.

“The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:

“l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;

“2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;

“3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity;

“4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;

“5) When the victim is a child below seven (7) years old;

“6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;

“7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;

“8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;

“9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and

“10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

The penalties are lower when there is sexual assault under parapgraph 2 of Article 266-A.

Not surprisingly, R.A. 8353 for all its attempts at being progressive and responsive to the call of the times, retained the following provision from the old law.

Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed.

Additionally :

In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.

I believe that the last two quoted provisions of R.A. 8353 establish a direct connection between the rape statistics and the battering/physical injuries cases.

Consider the religious upbringing of Filipinos–women in particular. Consider the virtue and grace of forgiveness. Consider the social stigma attached to being a rape victim. Consider the stigma and economic ramifications attached to broken marriages. Consider the financial dependence of many women on their husbands.

Then, consider the possibility of escape that the law itself provides. Consent to marry your rapist–forgiveness means no social stigma. Forgive your husband for for raping you and you save your marriage. You do not deprive your children of their father. You are saved from the trouble of feeding yourself and your children.

In rape law, pardon extinguishes both the criminal action and the penalty. However, pardon does not extinguish violence or propensity for violence. How many husbands, forced to marry their wives to escape criminal prosection and prison, subsequently become abusive husbands? No data. How many husbands, pardoned by their wives for marital rape, beat up their wives? No data either.

Violence against women is a culture. The law should address that.

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