(THEMATIC Q2)the National Women’s Month Celebration. 2024 18-day Campaign to End Violence Against Women.

The year 2024 said to be the Year of Women all over the world and celebrates their successes and achievements around the world. While at the same time identifying the challenges that they still experience. The subject for this woman’s month in 2020 is around women’s engagement and advancement of sexual communication.

There have been various exercises and activities across the globe during the month in honor of women’s contributions from different walks of life, to raise voice towards the cause of women and girls, and motivate the future generation. The events include conferences, lectures, and workshops, fairs, cultural events and festivities.

RA 8353 (The Anti-Rape Law of 1997)RA 7877 (Anti-Sexual Harassment Act of 1995)

Republic Act 8353: An Act Expanding the Definition of the Crime of Rape and Reclassifying the same as Crime Against Persons. The Anti-Rape Law of 1997 redefines rape as:

First a crime against persons, rape violates a person's well being and not just ones virginity or purity. The law considers that any person, whether a prostituted person, non-virgin or one who has an active sexual life may be victimized by rape.

Second a public offense, by declaring that rape is a crime against persons, the law no longer considers it as a private crime. Anyone who has knowledge of the crime may file a case on the victim's behalf.

Lastly, The prosecution continues even if the victim drops the case or pardons the offender. Rape is committed by a man who shall have sexual intercourse with a woman under any of the following circumstances. Through force, threat, or intimidation. When the victim is deprived of reason or unconscious. Through fraudulent machination or grave abuse of authority.

THE PUNISHMENT FOR COMMITING RAPE ON PEOPLE

Based on my research, the penalty varies depending on the act itself and the circumstances surrounding it. these are the punishment for doing a crime on women's will be Imprisonment from 20 to 40 years is imposed on the offender if rape is committed through sexual intercourse.

RA 11313 (Safe Spaces Act) in 2019

REPUBLIC ACT No. 11313, Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties.

GBSH in street and public spaces is defined as acts which are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks.

The acts of gender-based sexual harassment (GBSH) in public spaces: Catcalling or unwanted remarks directed towards a person, commonly done in the form of wolf- whistling, misogynistic, transphobic, homophobic, and sexist slurs, as well as unwanted invitations.

1. Sexist remarks or slurs-statements that are indicative of prejudice, stereotyping, or discrimination on the basis of sex, typically against women.
2. Homophobic remarks are indicative of fear, hatred or aversion towards persons who are perceived to be or actually identify as lesbian, gay, bisexual, queer, pansexual and such other persons of diverse sexual orientation, gender identity or expression, or towards any person perceived to or actually have experienced same-sex attraction.
3. Misogynistic remarks or slurs- statements that are indicative of the feeling of hating women or the belief that men are inherently better than women.
4. Transphobic remarks or slurs-statements that are indicative of fear, hatred or aversion towards persons whose gender identity and/or expression do not conform with their sex assigned at birth.

Persistent uninvited comments or gestures on a person’s appearance

Relentless requests for personal details

Statement of sexual comments and suggestions

Public masturbation or flashing of private parts, groping, making offensive body gestures at someone, and other similar lewd sexual actions

Any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety. This may include cursing, leering and intrusive gazing, and taunting.

Persistent telling of sexual jokes, use of sexual names

Stalking or conduct directed at a person involving the repeated visual or physical proximity, non-consensual communication, or a combination thereof that cause or will likely cause a person to fear for one’s own safety or the safety of others, or to suffer emotional distress.

Penalties vary according to the act of GBSH committed and how often a person was convicted for violating the laws.

"Verbal" GBSH:

1st offense - Twelve hours community service inclusive of Gender Sensitivity Training (GST) and PHP 1,000 fine

2nd offense -Imprisonment of 6-10 days or PHP 3,000 fine

3rd offense - Imprisonment of 11-30 days and PHP 10,000 fine

"Demonstrated" GBSH:

1st offense - Twelve (12) hours community service inclusive of GST and PHP 10,000 fine

2nd offense-Imprisonment of 11-30 days or PHP 15,000 fine

3rd offense Imprisonment of 1 month and 1 day to 9 months and PHP 20,000 fine

GBSH through stalking and physical advances such as touching, pinching or brushing against the genitalia, groin, breasts:

1st offense Imprisonment of 11-30 days or a fine of PHP 30,000 provided that it includes attendance in a GST to be conducted by PNP in coordination with LGU and PCW

2nd offense - Imprisonment of 1 month and 1 day to 6 months or PHP 50,000 fine

3rd offense - Imprisonment of 4 months and 1 day to 6 months or PHP 100,000 fine

RA 11648 (an act amending RA 8353 or The Anti-Rape Law of 1997) in 2022

AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST RAPE AND SEXUAL EXPLOITATION AND ABUSE, INCREASING THE AGE FOR DETERMINING THE COMMISSION OF STATUTORY RAPE, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL CODE," REPUBLIC ACT NO. 8353, ALSO KNOWN AS "THE ANTI-RAPE LAW OF 1997," AND REPUBLIC ACT NO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT"

Save the Children Philippines lauds the enactment of Republic Act 11648 or the Act Raising the Age of Sexual Consent, which increases the age of statutory rape from 12 to 16. This recognizes children’s right to and need for protection from sexual abuse and exploitation.

According to the country’s National Baseline Study on Violence against Children (Council for the Welfare of Children, 2016), 1 out of 4 Filipino children experience some form of sexual violence with children aged 13-17 experiencing the most sexual violence. Majority of the victims of rape are children aged 13-15 according to the Philippine Commission on Women. By raising the age of sexual consent, we are casting a wider net to protect more children from being sexually abused and exploited, especially by adults.

With the passage of this law, the Philippines as State Party complies with the recommendations of the UN Convention on the Rights of the Child (UNCRC) and the Convention on the Elimination of Discrimination against Women (CEDAW) to increase the age of sexual consent, and thereby, addressing the limitation of the Anti-Rape Law of 1997 in addressing statutory rape.

Save the Children, however, appreciates that passing of this law is only the first step in the movement for stronger child protection from all kinds of violence. We urge the Philippine government to ensure better enforcement of all child abuse laws and policies including at the community level. This would help in averting violence against children, and if it does occur, properly addressing it. This can begin by ensuring that all local government and any other relevant stakeholders know and understand these laws and policies as well as their roles and responsibilities in relation to their implementation, thus enabling them to carry out their duty of safeguarding all children in that community. These laws and policies should also be translated into actual practices in terms of inclusion of child protection programs and projects into local development plans and budgets. These should in particular include preventive measures, appropriate and easily accessible services, and human resources with sufficient capacity to provide those services.

RA 9208 (Anti-Trafficking in Persons Act of 2003)

Republic Act No. 9208 May 26, 2003

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER

The present act maybe cited as the “Anti-Trafficking in Persons Act of 2003”.

According to section 2 declaration of policy. Now it is stated that the State recognizes the worth of each human being and’s commitment to safeguarding human rights. The State shall in this regard consider among other priorities enactment of laws, institutions, and programs which guarantee human dignity, security, and prevention of violence and exploitation, appropriate strategies to combat human trafficking, the elimination of root causes of involuntary migration and servitude of people who are not only victims of trafficking but above all their rehabilitation, reintegration, and resettlement into normal life in society.

The State hereby undertakes to respect the equal rights of women and men and the inviolability of their human dignity as provided in the United Nations Universal Declaration of Human Rights, United Nations Convention on Rights of the Child, United Nations Convention on Protection of Migrant Workers and their families, and other relevant international law and universal documents. UN Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children and all relevant and universally accepted human rights instruments and international conventions.