CHAPTER 2
REVIEW OF RELATED LITERATURE
Republic Act 8505
This Act shall be known as the "Rape Victim Assistance and Protection Act of 1998." It is
hereby declared the policy of the State to provide necessary assistance and protection for rape
victims. Towards this end, the government shall coordinate its various agencies and non-
government organizations to work hand in hand for the establishment and operation of a rape
crisis center in every province and city that shall assist and protect rape victims in the litigation
of their cases and their recovery (Philippine Commission on Women, 2015).
There are rape crisis centers in every province and municipality, to provide counseling,
free legal assistance and ensure the privacy and safety of rape survivors. It also tasks
government to train law enforcement officers, public prosecutors, lawyers, medico-legal
officers, social workers and barangay officials on human rights and responsibilities, gender
sensitivity and legal management of rape cases. The DSWD is convening an inter-agency
committee for the implementation of the law (Lomotos, 2019).
Key Provisions of RA 8505
Republic Act No. 8505, also known as the Rape Victim Assistance and Protection Act of
1998, is a landmark piece of legislation in the Philippines aimed at providing comprehensive
support and protection to survivors of rape. The Act's core objective is to establish a robust
system of assistance, ensuring victims receive the necessary medical, psychological, and legal
aid to navigate the trauma and pursue justice (Philippine Gazette, 2018).
Establishment of Rape Crisis Centers
The Act mandates the creation of a Rape Crisis Center in every province and city in the
Philippines. These centers are tasked with providing a range of services to rape victims, includes
medico-legal examinations, treatment for injuries, and prevention of STIs and unwanted
pregnancies, provide support to help survivors cope with the emotional trauma of rape.
Securing free legal aid to help survivors pursue legal action against their perpetrators. Helping
survivors navigate the investigation process and ensuring the swift arrest of offenders.
Providing counseling and medical services to the families of rape victims. Developing and
conducting training for law enforcement, prosecutors, lawyers, and other professionals on
handling rape cases sensitively and effectively. Implementing programs designed to aid in the
recovery and rehabilitation of rape survivors.
Duties of Police Officers
The Act clearly outlines the responsibilities of police officers upon receiving a rape
complaint, including immediate referral to prosecutors, arranging for counseling and medical
services, and promptly reporting actions taken. It also emphasizes the importance of ensuring
the privacy and safety of the victim during investigations.
Protective Measures
The Act recognizes the right to privacy of both the victim and the accused throughout
the investigative and legal processes. It allows for closed-door proceedings to protect the
victim's identity and well-being.
Rape Shield Provision
This crucial section restricts the admissibility of evidence regarding the complainant's
past sexual conduct, unless deemed directly relevant to the case. This protects victims from
irrelevant and potentially damaging information being used against them.
Appropriations
The Act allocated initial funding for the establishment and operation of the Rape Crisis
Centers.
Implementing Rules and Regulations
The Act requires concerned agencies to formulate implementing rules and regulations
within 90 days of its approval.
Implementation of RA 8505
RA 8505 provides a framework for the protection, rehabilitation, and justice for victims
of rape in the Philippines. However, its implementation has faced challenges, highlighting the
need for continuous improvement and evaluation.
A significant challenge in the implementation of RA 8505 is the lack of awareness
among victims about the availability and accessibility of support services mandated by RA 8505
(Del Rosario, 2006). This can lead to underutilization of services and delays in accessing critical
support. Effective implementation requires strong coordination between law enforcement
agencies, medical professionals, legal aid organizations, and social service providers (Cunanan,
2010). Lack of coordination and communication can result in fragmented services and a less
effective response to victims' needs. Limited resources, including funding, personnel, and
infrastructure, can impede the provision of adequate support services to victims (Philippine
Commission on Women, 2019). Victims of rape often face stigma and discrimination, which can
discourage them from seeking help and reporting the crime (World Health Organization, 2019).
The law has raised awareness about rape and victim rights, prompting greater attention
to the issue and led to the establishment of specialized support services, such as rape crisis
centers and victim assistance programs (Philippine Commission on Women, 2019). RA 8505
represents a significant advancement in supporting rape survivors in the Philippines. However,
the effectiveness of the Act hinges on consistent funding, adequate staffing of crisis centers,
and widespread awareness of the available services. Ongoing efforts are essential to ensure all
survivors have access to the comprehensive assistance and protection the law intends to
provide. While the Act provides a strong framework, challenges remain in its full and consistent
implementation across the country. RA 8505 has strengthened legal protections for victims,
including provisions for mandatory reporting, confidentiality, and access to legal representation
(Cunanan, 2010).
Rape Victim Assistance and Support Services
Rape and sexual assault are devastating experiences with profound and long-lasting
consequences for survivors. Fortunately, a comprehensive network of support services exists
to help survivors heal and rebuild their lives. These services are designed to provide immediate
crisis intervention, ongoing therapeutic support, and assistance with navigating the legal and
medical systems.The provision of comprehensive support services for rape victims is crucial for
their recovery and reintegration into society. A growing body of literature emphasizes the need
for a multi-faceted approach that addresses the physical, emotional, and psychological needs of
victims (Herman, 1992; Fossum & Mason, 2001).
Immediate medical care, including forensic examinations and treatment for injuries, is
essential. Psychological support, such as counseling and therapy, helps victims cope with
trauma, manage anxiety, and address emotional distress (Campbell, 2002). Access to legal
representation is crucial for victims to navigate the legal system, understand their rights, and
seek justice (National Center for Victims of Crime, 2018).
Moreover, providing safety measures, such as restraining orders and relocation
assistance, can help victims feel secure and reduce the risk of further harm (National Coalition
Against Domestic Violence, 2019). Maintaining the confidentiality and privacy of victims is
essential to protect their dignity and prevent further victimization (American Psychological
Association, 2017). Long-term support, such as therapy, vocational training, and social support
networks, can help victims rebuild their lives and reintegrate into their communities (National
Resource Center on Domestic Violence, 2018).
Victim Empowerment
The concept of victim empowerment emphasizes the importance of providing victims
with the resources and support they need to regain control over their lives and achieve justice.
Rape and sexual assault leave devastating and long-lasting impacts on survivors. Fortunately, a
wide range of assistance and support services are available to help survivors heal and rebuild
their lives. These services vary in their approach and the specific support offered, but they
share a common goal: to empower survivors and provide them with the resources they need to
navigate the aftermath of trauma (National Center for Victims of Crime, 2018).
Empowering victims involves providing them with information about their legal rights,
access to support services, and opportunities to participate in the justice process. National
organizations like the National Sexual Violence Resource Center (NSVRC) and RAINN maintain
directories of local rape crisis centers and sexual assault programs (Fossum & Mason,
2001).These organizations can connect survivors with resources in their community, ensuring
access to services tailored to their specific needs and location. It’s important to remember that
help is available, and seeking support is a sign of strength, not weakness. It also focuses on
building victims' resilience and agency, enabling them to cope with trauma, make informed
decisions, and rebuild their lives. The healing process is unique to each individual, but with the
right support, survivors can rebuild their lives and find hope for the future. The long-term
effects of sexual assault are significant, and ongoing support is crucial for recovery and well-
being (Herman, 1992).
Role of Criminology Students
Criminology students, as future practitioners in the field of criminal justice, have a
crucial role to play in advocating for victim rights and promoting victim empowerment.
Criminology students can contribute directly to the operation of Rape Crisis Centers. Many
centers rely on volunteers to provide various forms of support, including administrative
assistance, outreach activities, and accompaniment of survivors to medical and legal
appointments. Students can gain valuable practical experience while contributing to the vital
work of these centers. Criminology students are trained in legal frameworks and policies
related to victim assistance, equipping them with the knowledge to understand and advocate
for the implementation of laws like RA 8505, known as Rape Victim Assistance and Protection
Act of 1998 (Cunanan, 2010).
Students can contribute to raising awareness about rape and victim rights through
community outreach programs, educational campaigns, and advocacy initiatives (Philippine
Commission on Women, 2019). Also, to the development of effective interventions and support
services for victims by conducting research, analyzing data, and evaluating existing programs.
Criminology students can collaborate with law enforcement agencies and legal professionals to
improve the handling of rape cases. They can assist in training programs for police officers and
prosecutors on sensitive interviewing techniques, victim support, and the legal aspects of
sexual assault cases (National Center for Victims of Crime, 2018).
References:
- American Psychological Association. (2017). Ethical principles of psychologists and code of
conduct. American Psychological Association.
- Campbell, R. (2002). Health consequences of intimate partner violence. The Lancet,
359(9318), 1331-1336.
- Cunanan, M. (2010). The implementation of the Rape Victim Assistance and Protection Act of
1998 (RA 8505) in the Philippines. Philippine Journal of Criminology, 13(1), 1-20.
- Del Rosario, M. (2006). Rape victim assistance in the Philippines: A critical analysis. Philippine
Journal of Social Science, 35(1), 1-15.
- Fossum, I. N., & Mason, M. A. (2001). Facing codependency: Beyond enabling. W. W. Norton
& Company.
- Herman, J. L. (1992). Trauma and recovery. Basic Books.
- National Center for Victims of Crime. (2018). Victim empowerment. National Center for
Victims of Crime.
- National Coalition Against Domestic Violence. (2019). Safety planning. National Coalition
Against Domestic Violence.
- National Resource Center on Domestic Violence. (2018). Reintegration services for victims of
domestic violence. National Resource Center on Domestic Violence.
- Philippine Commission on Women. (2019). Rape victim assistance and protection act of 1998
(RA 8505). Philippine Commission on Women.
- World Health Organization. (2019). Violence against women. World Health Organization.
