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Power point anti rape law

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Selena Lee Manalansan

This document summarizes Republic Act 8353, also known as the Anti-Rape Law. It outlines key aspects of the law, including definitions of rape, circumstances that are punished by death or life imprisonment, and effects of pardon. The critique section then analyzes some problematic aspects of the law, such as inconsistent age distinctions, issues with mental disability provisions, and distinctions in definitions. Solutions are proposed, such as compacting age provisions, justifying mental illness considerations, and equalizing punishment for rape definitions. In conclusion, the critique calls for small revisions to laws to keep up with modern times.

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Anti-Rape Law Republic Act. 8353 Presented by: Selena Manalansan and Joshua Tan
INTRODUCTION Opening Statement Rape as an act of violence Reasons of its commission The truth behind rape
INTRODUCTION Significance of the Study Statistics of Rape Rape under the Revised Penal Code (RPC) Rape under Republic Act No. 8353
INTRODUCTION PURPOSE 1. TO INFORM 2. TO EXAMINE 3. TO INSPECT 4. TO PERSUADE
INTRODUCTION OVERVIEW OF RA 8353 Rape has always been a gravely intolerable act in our society. Amended on September 30,1997. Punishable by Reclusion Temporal to Reclusion Perpetua Effects of pardon
INTRODUCTION OVERVIEW OF RA 8353 RAPE - WHEN AND HOW COMMITTED "1) By a man who shall have carnal knowledge of a woman under any of the ff circumstances: "a) Through force, threat, or intimidation; "b) When the offended party is deprived of reason or otherwise unconscious; "c) By means of fraudulent machination or grave abuse of authority; and "d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. "2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
INTRODUCTION OVERVIEW OF RA 8353 CIRCUMSTANCES PUNISHED BY DEATH PENALTY when the reason or occasion of the said rape a homicide is committed. when the victim is under 18-years-old and the offender is a parent, guardian, ascendant, or relative w/in 3rd civil degree. when the rape was committed in the full view of any: husband, parent, siblings, and relatives w/in 3rd civil degree. when the victim is a religious engaged in legitimate religious vocations, and is known by the offender to be so. when the victim is below the age of 7. when the offender knows that he is afflicted with HIV or AIDS or any other diseases that can be sexually transmitted. when the crime was committed by a member of the AFP, PNP or any other law enforced agency or penal institution, wherein the offender took advantage of his position to commence the crime. when by the reason of the action, the victim suffers permanent mutilation or any forms of disability. when the offender knew the victim was pregnant or with child when the offender knew the victim suffers a mental disability, emotional disorder, or physical handicap at the time of rape.
INTRODUCTION OVERVIEW OF RA 8353 CIRCUMSTANCES PUNISHED BY RECLUSION PERPETUA when the rape is committed with the use of a deadly weapon or by two or more people. when the act has made the victim insane. when the rape is attempted and a homicide is committed in result of such an action. when by reason or on the occasion of the rape, homicide was committed.
INTRODUCTION OVERVIEW OF RA 8353 EFFECTS OF PARDON It is ruled that the subsequent valid marriage between the offended parties shall eliminate the criminal action or the penalty imposed. In the event that the legal husband is the offender, the authentic forgiveness emanated by the wife as the offended party shall deter 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 from the start. In addition to this, any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render the incapacity of giving valid consent, may be accepted as evidence in the prosecution of the acts.
RA 8353 in a nutshell i planned on putting a pun here but i got tired
CRITIQUE PROPER
DISTINCTIONS BETWEEN AGES "d) When the offended party is under twelve (12) years of age…” Penalty: Reclusion Perpetua "5) When the victim is a child below seven (7) years old;” Penalty: Death Penalty
DISTINCTIONS BETWEEN AGES Definition of a child or minority under the constitution The ‘consent’ of all children The physical identity of a child Comparing the capabilities of the child
DISTINCTIONS BETWEEN AGES VERDICT: INCONSISTENT
DISTINCTIONS BETWEEN AGES SOLUTION #1 Compact the two provisions into one that would govern rape cases involving children SOLUTION #2 Generate a systematic formula that bases the sentence of the convict from the age of the child
MATURITY "d) When the offended party is under twelve (12) years of age... even though none of the circumstances mentioned above be present.
MATURITY Difference from first analysis Treatment of cases involving children above eleven years Loss of the dispensable circumstances “even though none of the circumstances mentioned above be present”
MATURITY VERDICT: UNCONSTITUTIONAL
MATURITY SOLUTION Identify the reality of ‘maturity’ Widen the range of the interval
MENTAL DISABILITIES "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.
MENTAL DISABILITIES Amnesia VS Alzheimer’s Case of Lanarkshire Care Home Disease is not material to the crime
MENTAL DISABILITIES VERDICT: NOT APPLICABLE IN SOME CASES
MENTAL DISABILITIES SOLUTION: Create a more detailed provision that will justify certain types of diseases, illnesses or any other form of psychological incapacities
DISTINCTIONS OF DEFINITIONS "1) By a man who shall have carnal knowledge of a woman…” "2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.”
DISTINCTIONS OF DEFINITIONS The ‘in-difference’ between the two provisions The foundation where rape was established Does it matter where the penis is inserted? A crime with two descriptions
DISTINCTIONS OF DEFINITIONS VERDICT: UNCONSTITUTIONAL
MATURITY SOLUTION Punish both of the provisionsequally
CONCLUSION Summing it all up... The flaws in laws New modernities The way we live Small revisions A changing world
QUESTION TIME dan is a poopoo head

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Power point anti rape law

  • 1. Anti-Rape Law Republic Act. 8353 Presented by: Selena Manalansan and Joshua Tan
  • 2. INTRODUCTION Opening Statement Rape as an act of violence Reasons of its commission The truth behind rape
  • 3. INTRODUCTION Significance of the Study Statistics of Rape Rape under the Revised Penal Code (RPC) Rape under Republic Act No. 8353
  • 4. INTRODUCTION PURPOSE 1. TO INFORM 2. TO EXAMINE 3. TO INSPECT 4. TO PERSUADE
  • 5. INTRODUCTION OVERVIEW OF RA 8353 Rape has always been a gravely intolerable act in our society. Amended on September 30,1997. Punishable by Reclusion Temporal to Reclusion Perpetua Effects of pardon
  • 6. INTRODUCTION OVERVIEW OF RA 8353 RAPE - WHEN AND HOW COMMITTED "1) By a man who shall have carnal knowledge of a woman under any of the ff circumstances: "a) Through force, threat, or intimidation; "b) When the offended party is deprived of reason or otherwise unconscious; "c) By means of fraudulent machination or grave abuse of authority; and "d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. "2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
  • 7. INTRODUCTION OVERVIEW OF RA 8353 CIRCUMSTANCES PUNISHED BY DEATH PENALTY when the reason or occasion of the said rape a homicide is committed. when the victim is under 18-years-old and the offender is a parent, guardian, ascendant, or relative w/in 3rd civil degree. when the rape was committed in the full view of any: husband, parent, siblings, and relatives w/in 3rd civil degree. when the victim is a religious engaged in legitimate religious vocations, and is known by the offender to be so. when the victim is below the age of 7. when the offender knows that he is afflicted with HIV or AIDS or any other diseases that can be sexually transmitted. when the crime was committed by a member of the AFP, PNP or any other law enforced agency or penal institution, wherein the offender took advantage of his position to commence the crime. when by the reason of the action, the victim suffers permanent mutilation or any forms of disability. when the offender knew the victim was pregnant or with child when the offender knew the victim suffers a mental disability, emotional disorder, or physical handicap at the time of rape.
  • 8. INTRODUCTION OVERVIEW OF RA 8353 CIRCUMSTANCES PUNISHED BY RECLUSION PERPETUA when the rape is committed with the use of a deadly weapon or by two or more people. when the act has made the victim insane. when the rape is attempted and a homicide is committed in result of such an action. when by reason or on the occasion of the rape, homicide was committed.
  • 9. INTRODUCTION OVERVIEW OF RA 8353 EFFECTS OF PARDON It is ruled that the subsequent valid marriage between the offended parties shall eliminate the criminal action or the penalty imposed. In the event that the legal husband is the offender, the authentic forgiveness emanated by the wife as the offended party shall deter 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 from the start. In addition to this, any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render the incapacity of giving valid consent, may be accepted as evidence in the prosecution of the acts.
  • 10. RA 8353 in a nutshell i planned on putting a pun here but i got tired
  • 12. DISTINCTIONS BETWEEN AGES "d) When the offended party is under twelve (12) years of age…” Penalty: Reclusion Perpetua "5) When the victim is a child below seven (7) years old;” Penalty: Death Penalty
  • 13. DISTINCTIONS BETWEEN AGES Definition of a child or minority under the constitution The ‘consent’ of all children The physical identity of a child Comparing the capabilities of the child
  • 14. DISTINCTIONS BETWEEN AGES VERDICT: INCONSISTENT
  • 15. DISTINCTIONS BETWEEN AGES SOLUTION #1 Compact the two provisions into one that would govern rape cases involving children SOLUTION #2 Generate a systematic formula that bases the sentence of the convict from the age of the child
  • 16. MATURITY "d) When the offended party is under twelve (12) years of age... even though none of the circumstances mentioned above be present.
  • 17. MATURITY Difference from first analysis Treatment of cases involving children above eleven years Loss of the dispensable circumstances “even though none of the circumstances mentioned above be present”
  • 19. MATURITY SOLUTION Identify the reality of ‘maturity’ Widen the range of the interval
  • 20. MENTAL DISABILITIES "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.
  • 21. MENTAL DISABILITIES Amnesia VS Alzheimer’s Case of Lanarkshire Care Home Disease is not material to the crime
  • 22. MENTAL DISABILITIES VERDICT: NOT APPLICABLE IN SOME CASES
  • 23. MENTAL DISABILITIES SOLUTION: Create a more detailed provision that will justify certain types of diseases, illnesses or any other form of psychological incapacities
  • 24. DISTINCTIONS OF DEFINITIONS "1) By a man who shall have carnal knowledge of a woman…” "2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.”
  • 25. DISTINCTIONS OF DEFINITIONS The ‘in-difference’ between the two provisions The foundation where rape was established Does it matter where the penis is inserted? A crime with two descriptions
  • 26. DISTINCTIONS OF DEFINITIONS VERDICT: UNCONSTITUTIONAL
  • 27. MATURITY SOLUTION Punish both of the provisionsequally
  • 28. CONCLUSION Summing it all up... The flaws in laws New modernities The way we live Small revisions A changing world
  • 29. QUESTION TIME dan is a poopoo head