Insertion of penis, any instrument or OBJECT produces #2 RAPE

Republic Act No. 8385, otherwise also known as the Anti-Rape Act of 1997, has incorporated a new chapter in the Revised Penal Code. In a new provision, designated Article 266-A, the crime of rape is committed either by sexual intercourse or by sexual assault. Rape by sexual intercourse, pursuant to the first paragraph of the article, is committed by a man who shall have carnal knowledge of a woman, under any of the following circumstances; viz:

[1] Through force, threat, or intimidation;
[2] When the offended party is deprived of reason or otherwise unconscious;
[3] By means of fraudulent machination or grave abuse of authority; and
[4] When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

The last of the enumeration, item (4) above, constitutes what is so often referred to as statutory rape. Rape by sexual assault, mentioned in the second paragraph of the same article, is committed by any person who, under any of the aforestated circumstances, inserts his penis into another person’s mouth or anal orifice, or any instrument or object into the genital or anal orifice of another person.

With these amendments, rape was reclassified as a crime against person and not merely a crime against chastity. (People vs. Buban, G.R. No. 166895, 24 January 2007; People vs. Buban, G.R. No. 166895, 24 January 2007; People vs. Olaybar, G.R. Nos. 130630-31, 01 October 2003, 412 SCRA 490; People vs. Fetalino, G..R. No. 174472, 19 June 2007)