Lawyer proposes to include LGBTQIA+ in anti-rape law amendments

Trigger warning: This article contains mentions of rape, sexual assault

A HUMAN rights lawyer suggested that lawmakers include members of the LGBTQIA+ community in the proposal to amend the anti-rape law, noting that they, too, become victims of sexual assault.

Lorna Kapunan, a women’s and children’s rights advocate, proposed this to the Senate Committee on Public Information and Mass Media on Thursday, during the hearing on the complaints of sexual harassment and abuse in the media industry.

The Senate probe stemmed from the alleged sexual harassment against Sparkle artist Sandro Muhlach committed by two independent contractors of GMA Network.

During the hearing, Kapunan discussed with Senator Robinhood Padilla, chairman of the Senate committee on constitutional amendments and revision of codes, how the Anti-Rape Law of 1997 redefined rape as a crime against persons, expanding the protection to men. However, it should also recognize queer individuals, the lawyer said.

“Yung anti-rape law na bago, yung 1997, eh kasama na po ang lalaki. Kasama na rin po yung oral tsaka anal, at kasama na rin po yung any object,” Kapunan said.

“Kaya lang, dapat isama natin ang LGBT, ano? Kasi merong—lalong-lalo na ngayon merong mga instances of LGBT [victims],” she stressed.

Old vs. new anti-rape law

Under the 1932 Revised Penal Code, only women could be recognized as rape victims and it would only be considered as rape if a men’s penis was forcibly inserted into a woman’s vagina, said Kapunan.

“Woman ang victim, by the insertion of the penis, so kailangan male organ, into the woman’s vagina without her consent,” Kapunan explained. “Dapat may pagtatalik at ang ginamit na penetration ay yung ari ng lalaki at yung pinasok ay yung vagina ng babae.”

The human rights lawyer mentioned cases of rape in Middle East countries where men were violated but couldn’t file a case against offenders because “they don’t have vaginas.”

“So, dinefine to remove woman, nilagay any person. At hindi na penis, nakalagay any instrument. Kasi alam naman po natin, kunwari sa mga night clubs, hindi naman penis kung minsan nilalagyan ng bote ng [soft drink] yung vagina. Is that rape? Under the old law that’s not rape kasi ang nilagay sa vagina ay hindi penis kundi object,” she elaborated.

Republic Act No. 8353 or the Anti-Rape Law of 1997 stated that rape is committed “by a man who shall have sexual intercourse with a woman under any of the following circumstances: (a) through force, threat or intimidation; (b) when the offended party is deprived of reason or is unconscious; (c) by means of fraudulent machination or grave abuse of authority; and (d) When the offended party  is under 12 years of age or is demented, even though none of the circumstances mentioned above be present.”

Rape can also be committed by “any person,” under any of the circumstances above, “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.”

Depending on the circumstances, offenders may be punished with reclusion perpetua or imprisonment from 20 to 40 years.

‘Stronger, more gender-responsive’ law

Padilla has filed a bill seeking to amend the Anti-Rape Law of 1997 to make it “stronger” and “more gender-responsive.”

The lawmaker filed Senate Bill (SB) No. 2777 on August 12, proposing to elevate the penalty for aggravating rape cases to reclusion perpetua to death.

Under the proposed measure, this penalty will apply to the following circumstances:

• If rape is committed with the use of a deadly weapon or by two or more persons
• If the victim has become insane due to the rape
• If rape is attempted and a homicide is committed
• If rape is committed with any of the aggravating or qualifying circumstances mentioned in the article

“Despite the penalties under RA 8353, this representation still finds it compelling to increase the punishment for any person who shall commit an act of rape as stated under Paragraph 2, Article 266-A of the Revised Penal Code, as amended by RA 8353,” the bill read.

“By doing so we can be more certain that our laws are stronger, more gender-responsive, and progressive especially in these changing times,” it added.