Rape Anti-Rape Law: Expanding THE Definition of Rape, and Reclassifying Rape as A Crime against Persons  (R.A. 8353) The Anti-Rape Law of 1997 amended Title Eight of the Act No. 3815, otherwise known as the Revised Penal Code. In the original law, the crime of rape was classified as a Crime Against Chastity. In redefining it as a Crime Against Persons, it recognizes that rape violates a person's wellbeing and not just one’s purity or virginity. Also, by reclassifying it as such, it no longer considers rape as a private crime. This means that any person, who has knowledge of the crime, may file a case on the victim’s behalf and prosecution continues even if the victim discontinues the case. The law may be invoked under either of the following conditions: Mina, 12 years old, was raped by her stepfather. Her mother refuses to file a complaint against her partner. The case worker assigned to the case filed the complaint. A man sexually assaulted a woman. He claims that he cannot be charged of rape since the woman is a known prostitute and he can pay her anyway. Under RA 8353, rape is a crime against persons. It recognizes that rape violates a person's well-being, and not just one’s purity or virginity. Any person, whether a prostituted person, non-virgin, or one who has an active sexual life, may be a victim of rape. 6 By reclassifying it as Crime Against Persons, it no longer considers rape as a private crime. The victim or anyone who has knowledge of the crime, may file the complaint. Can a husband be charged for raping his wife? Husbands may also be liable for raping his own wife as, generally, the penalty of rape may apply to marital rape. ↗ If the victim is a woman or a girl, and the perpetrator (who is a man or a boy) has carnal knowledge of her through any of the following circumstances: ▶ Through force, threat, or intimidation ▶ When the offended party is deprived of reason or otherwise unconscious; ▶ By means of fraudulent machination or grave abuse of authority; and ▶ When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above are/were present. ↗ If the victim is a woman, man, or child1, and the perpetrator commits an act of sexual assault2 under any of the above the circumstances. ¹  Under the Child Abuse Law (R.A. 7610), a child is a person below 18 years of age, or those over—but unable to take care of themselves because of physical or mental disability or condition. ²  Sexual assault is committed by inserting a penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. 7