Dear Atty. Chris Liquigan,

I was having a conversation with my friends and they kept on insisting that men can't be rape victims because they are often the perpetrators. But what happens if a man really is raped? Can a man file a case for rape? Thank you Atty.

Mylene

Dear Mylene,

While it is most common that women are the victims, Rape is now categorized as a crime against persons penalized under our laws. It is an act of sexual violence which may be committed by a man or a woman against another person, whether male or female.

Prior to the enactment of republic act no. 8353, otherwise known as the "Anti-Rape law of 1997," the crime of rape may only be committed against a woman, and may be committed by a male person only. (Article 335, revised penal code) however, by virtue of RA 8353, which took effect on 22 October 1997, victims of rape are no longer confined to women, and assailants are no longer limited to men. As provided for under article 266-a, id:

"Rape may be committed:

(1) by a man who have carnal knowledge of a woman under any of the following circumstances: (a) through force, threat or intimidation; (b) when the offended party is deprived of reason or otherwise unconscious; (c) by means of fraudulent machination or abuse of authority; and (d) when the offended party is under twelve (12) years of age or demented, even though none of the circumstances mentioned above be present.

(2) by any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person."

This means that the victim may either be a man or a woman, and that the crime is carried out when the assailant, who is a man, inserts his male organ on the victim's mouth or anal orifice, or when the assailant is a man or a woman, he or she inserts any instrument or object into the victim's mouth or anal orifice.
Hope this helps.