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Crime of rape a serious allegation, not to be trivialized — Atty. Kapunan
Crime of rape a serious allegation, not to be trivialized — Atty. Kapunan
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Crime of rape a serious allegation, not to be trivialized — Atty. Kapunan
by Mika Jenymae Rasing16 August 2024
Atty. Lorna Kapunan (Kapunan and Castillo Law Offices) at the third hearing of the Committee on Public Information and Mass Media on Thursday, August 15, 2024, on the policies applicable to artist management. Photo from Senate of the Philippines/Facebook.

Atty. Lorna Kapunan stressed the gravity of rape cases at the hearing of the Senate Committee on Public Information and Mass Media, as sexual harassment and consensual sex between two people were tackled.

Senator Robinhood Padilla led the chamber panel on Thursday, August 15, discussing the amendments to the policies of television networks and artist management agencies. The discussion addressed power play in predators and the presumption of negligence in the law. Atty. Kapunan suggested that changes be made in the penal system when it comes to cases like such.

She added that the verdict should not end with penalizing the perpetrator, but also requiring concerned establishments to apply deterrent measures to prevent similar cases from repeating.

Kapunan also emphasized the changes under the Anti-Rape Law of 1997, which expanded the definition of the crime of rape in the Revised Penal Code (RPC). Under the revised version, it was reclassified as a crime against persons, instead of a crime against chastity; giving anyone, regardless of gender the chance to file a case against the perpetrator.

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However, serious crimes like such must not be taken lightly, as Atty. Kapunan recalled its previous enactment in Congress.

“Clarify ko lang yung sinabi kong anal or oral. Kasi noong inenact ito sa Kongreso, maraming Congressman ang nagloloko. Sinasabi nila, paano yung dentista. What if the dentist puts an instrument into the mouth? Kasi by deifnition of rape, any instrument into any opening. So nag commit ba ng rape iyong dentista? Ang sagot naman doon ay hindi,” Atty. Kapunan stressed.

(I want to clarify what I said earlier whether it was anal or oral. When it was enacted in Congress, several Congressmen took it lightly. They asked if it would be considered rape if a dentist puts an instrument into their patient’s mouth. Because by definition of rape, any instrument inserted into any opening is considered as rape. But with that scenario, it is not considered as rape)

“Yung sa batas, iba yung oral and anal sex. Huwag naman nating itrivialize ‘yong crime ng rape. Huwag po tayong mag pilosopo kasi seryoso yung allegations of rape at even in this law, life imprisonment ‘yan,” Atty. Kapunan added.

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(The definition of oral and anal sex differs in the law. Let’s not trivialize the crime of rape. It shouldn’t be taken too literally, as the allegations over it could lead to life imprisonment)

The probe on sexual harassment and abuse was a result of the sexual assault allegations by Sparkle artist Sandro Muhlach, against the two independent GMA Network contractors, Jojo Nones and Richard Cruz.

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