SEX CRIMES MASOCHISM – sexual satisfaction is gained by

being humiliated, hurt or beaten before the sexual

I. CONCEPTS OF SEX CRIME
act.
It is triggered by emotion. A person who commits
SADO-MASOCHISM – inflicts injury and at the
a sex crime has lost control of his emotions. It is not
same time enjoys having injury inflected upon him
something you can set out and analyse. It is a
preceding the sexual act.
compulsion coming deep within the offender.
VOYEURISM – a sexual gratification by looking at
Gratification of the sex urge is often done in
nude person. Peeping Toms are included in this
strange and morbid methods. It involves an
category.
addiction. Sex is a normal human need, hence, this
must be considered in the investigation of the sex SATYRISM – an abnormal over sexual activity on
crimes. the part of the men. The abnormal sexual offender is
called satyr, which was derived from the Greek
Most of the sex offenders have their peculiar way to
Mythology of a half-man half –goat animal who could
commit this crime.
impregnate fifty female goats a day.

NYMPHOMANIA – the compulsive and

II. THE CATEGORIES OF PECULAIR WAYS OF SEX
uncontrollable feeling of a woman to over indulge in
OFFENDERS.
sexual activity. The woman is called nymphomaniac.
FETISHISM – refers to a person who satisfied sex
NECROMANIA OR NECROPHILIA – sexual
urge through wearing of an object (e.g. underwear
gratification on a dead person or love towards a dead
of a woman) compulsively used in attaining sexual
person.
gratification.
PEDOPHILIA – sexual gratification where the
SYMBOLISM – the representation of things by the
victims are children. The person afflicted with this
use of symbols especially in the art of literature such
sexual perversion is the pedophile.
as systems of symbols and symbolic meanings and a
group of symbolist as in art as literature. OTHER TERMS CONNECTED WITH SEX CRIMES

RITUALISM – sex offenders of this category use SODOMY – sexual intercourse thru the anus
the same approach or pretext all the time. This will or anal sex.
help in solving serial rapes by analysing the peculiar
ORAL SEX – sexual perversion where
ritual used.
gratification is thru the mouth.
SEX FANTASY OR DREAM WORLD – the sex
BESTIALITY – sexual gratification is thru
fantasy overcome the offender who puts his dreams
sexual intercourse with animal like pets such as
to reality to see if he will feel even better and its
dogs, cats, etc.
importance to him.
IMPOTENCY – the failure to have erection of
SADISM – prior acts of cruelty before the sex
the male organ.
encounter bring climatic sexual satisfaction.
STERILITY - the failure to procreate or
produce offspring. A man may not be impotent but
sterile and vice versa. A woman is never called A public offense
impotent but maybe sterile.
By declaring that rape is a crime against
III. VIRGINITY persons, the law no longer considers it as a private
crime. Anyone who has knowledge of the crime may
It is the condition of a woman where the hymen
file a case on the victim’s behalf. Prosecution
of her vagina is still intact or unruptured.
continues even if the victim drops the case or
It does not mean that when the hymen is intact, pardons the offender.
there is no case of rape. The mere touching of the
WHAT CONSTITUTES RAPE?
labia majora (major lips) of the pudendum (vagina)
by the male organ is considered as consummated 1. Rape is committed under the following
rape because there is slight penetration. Virginity is circumstances: A man has sexual intercourse with a
not an element in the crime of rape because even woman; Through force, threat or intimidation; When
the prostitute who is veteran of many foreign wars the victim is deprived of reason or is unconscious;
could be a complainant. Through fraudulent machination or grave abuse of
authority; and When the victim is under 12 years of
Virginity is not only lost thru sexual intercourse
age or is demented, even if none of the above
but by bicycle riding or other strenuous physical
conditions are present.
exertion on the part of the woman, or the insertion
of an object while in the act of masturbation. 2. Any person who, render any of the above
conditions, commits an act of sexual assault through
Important provision of RA 8353 (ANTI-RAPE LAW OF
oral or anal sex or by inserting an instrument or
1997)
object into the anal or genital orifice of another
Rape now is classified as crime against person.
persons. Previously, it is a crime against chastity.
WHO CAN BE RAPED?
Thus, there is now an impossible crime of rape.
Raping a dead person believed to be alive by the Anyone can be a rape victim but the
offender is impossible crime of rape. incidence of rape is more rampant in women and
girls.
Rape could be committed on male person.
WHO CAN COMMIT RAPE?
Martial rape could also now be committed by
the husband. Any man or woman may be held liable for
rape. It is possible that a man may rape his own wife,
The insertion of the penis or objects into the
an act deemed as “marital rape”. The penalty for
mouth, genitals or anal orifice of another person
rape in general may apply on the offender who
with carnal knowledge is rape.
commits marital rape.
A crime against person
HOW IS THE CRIME PUNISHED?
Rape violates a woman’s well being and not just her
The penalty varies depending on the act itself
virginity or purity. The law considers that any
and the circumstances surrounding it. Reclusion
woman, whether a prostituted woman, non-virgin or
perpetua (imprisonment from 20 to 40 years) is
one who has an active sexual life may be victimized
imposed on the offender if rape is committed
by rape.
through sexual intercourse Prison mayor STATUTORY RAPE – when the victim of rape is twelve
(imprisonment from six to 12 years) is imposed on years of age and below, it is statutory rape. The
the offender if rape was committed through oral or reason for this is that even if the child consented to
anal sex or through the use of any object or the sexual intercourse, her consent is not valid
instrument that was inserted into the mouth or anal because by her age, she could not give valid consent.
orifice of the woman or a man. This may also be
EVIDENCE IN THE INVESTIGATION OF RAPE
elevated to reclusion temporal (imprisonment from
12 to 20 years) or reclusion perpetua depending on Panty or other clothing of the victim. Physical
the circumstances surrounding the crime. examination of the victim to determine signs of force
such as injuries or the presence of seminal fluids
WHAT TO DO IF SOMEONE IS RAPED?
inside her organ. Detached public hairs of the victim
1. Advice the victim to seek the help of a and suspect. Physical examination of the suspect and
counsellor or therapist who is an expert in handling the examination of his clothing. Relevant matters at
cases of sexual abuse the scene of the crime. Testimonies of witnesses if
there is any. Written complaint of the victim.
2. Assist her in securing a safe and temporary
shelter if she needs to move to another place for
security reasons. She can be referred to a crisis
center or any government agency that offers
temporary shelter.

3. Make sure that evidence is safe and intact.

This would help in case the victim decides to file a
case.

4. Secure a medico-legal certificate from a

medico-legal officer. Absence of bodily injuries does
not mean that rape did not occur or that the case
may not be pursued anymore.

5. Support the victim along the way when she

decides to file a case.

6. Ensure that she is prepared in all aspects.

Make her understand that overall picture of the case.
Inform her that it is possible that doctors, police,
lawyers, and judges would not be sensitive to her
situation and experience.

7. Help the victim choose the lawyer who

understands her most.

8. Coordinate with people who can assist or

support her all throughout.