I was in discussion with a retired 86-year old lawyer the other day. I thought of testing how sharp he still is with the law. So, I asked him what crime is committed when the aggressor forcibly inserts his finger into the genital of a woman. (Kindly pardon me. My topic may be quite sensitive today. I know it may not be for everybody. And I wish not offend anyone’s sensibilities. But I thought of writing about it for everyone’s elucidation. After reading my article, you will certainly learn something new. That is if you are not yet familiar with the law I will discuss below. Anyway, back to my story.) So, he answered, acts of lasciviousness. He was quick and confident. No pausing. And then I smiled and corrected him. I said it is rape. He gave me a bewildered gaze; as if wondering if I studied the law right. And so, I enlightened him as I wish to do now to everyone reading my article.

The Revised Penal Code (RPC) is the compilation of crimes punishable in the Philippines. Included in the RPC are rape and acts of lasciviousness classified as crimes against chastity. Rape is committed by having carnal knowledge (sexual intercourse) of a woman by force or intimidation. It can be committed also by depriving her of reason. It is likewise committed when the woman is under twelve years old or demented. Acts of lasciviousness, on the other hand, comprise of other sexual acts, committed under circumstances stated above, short of the intercourse itself. So, if we go by this definition, my 86-year-old pañero is indeed correct. He is accurate in saying that only acts of lasciviousness were committed.

Here is where I corrected him. I told him that way back on 30 September 1997, the definition of rape was expanded. Republic Act 8353, also known as The Anti-Rape Law of 1997, included in its ambit sexual assault, which is the insertion of the male organ into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. (Paragraph 2, Article 266-A, RPC). Note that rape by sexual assault can now be committed against both male and female. It thus departs from the usual notion that it can be committed against women only.

Second, mere insertion of an object or instrument into the genital is already considered rape. But in my example above, I said that the finger was inserted. That cannot be classified as object or instrument, can it? In the December 2017 decision in People v. Rolando Bagsic, the Supreme Court ruled that insertion of the finger is rape as contemplated by the law.

See how the law constantly evolves. It clearly adapts to the changing times. As instances of sexual assault became more and more rampant, Congress addressed this problem by increasing its penalty; thus, making it fall under rape. Otherwise, sexual assault would fall only under acts of lasciviousness which carries a much lighter penalty. This indubitably will deter would-be criminals.

Imagine, the penalty for sexual assault can be a 30-year jail term or even death. Death penalty, however, is suspended at this time. Acts of lasciviousness, on the other hand, carries a penalty of only up to six years. And just for your further information, the RPC has reclassified rape as now under crimes against persons.

I hope with my short article today, I have contributed a bit more to your knowledge about the law. You see, not everyone is aware of this amendment. A lot of us still stick to the notion that rape is committed by forcibly having sexual intercourse with a woman. But not my old, old pañero anymore. He is indeed happy about his “new discovery.” At least if someone consults him about a situation like I told him, he will instantly remember what I told him and confidently advise that it is rape.