Republic Act 8505
Republic Act 8505
Republic Act 8505
SECTION 1. Tile. This Act shall be known as the Rape Victim Assistance
and Protection Act of 1998.
SEC. 2. Declaration of Policy. It is hereby declared the policy of the State to
provide necessary assistance and protection for rape victims. Toward this end, the
government shall coordinate its various agencies and non-government organizations to
work hand in hand for the establishment and operation of a rape crisis center in every
province and city that shall assist and protect rape victims in the litigation of their cases
and their recovery.
SEC. 3. Rape Crisis Center. The Department of Social Welfare and
Development (DSWD), the Department of Health (DOH), the Department of the Interior
and Local Government (DILG), the Department of Justice (DOJ), and a lead nongovernment organization (NGO) with proven track record or experience in handling
sexual abuse cases, shall establish in every province and city a rape crisis center located
in a government hospital or health clinic or in any other suitable place for the purpose of:
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Republic Act 8505
(a) Providing rape victims with psychological counselling, medical and health
services, including their medico-legal examination;
(b) Securing free legal assistance or service, when necessary, for rape victims;
(c) Assisting rape victims in the investigation to hasten the arrest of offenders and
the filing of cases in court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counseling and medical services when necessary for
the family of rape victims;
(f) Developing and undertaking a training program for law enforcement officers,
public prosecutors, lawyers, medico-legal officers, social workers, and barangay officials
on human rights and responsibilities; gender sensitivity and legal management of rape
cases; and
(g) Adopting and implementing programs for the recovery of rape victims.
The DSWD shall be the lead agency in the establishment and operation of the
Rape Crisis Center.
SEC. 4. Duty of the Police Officer. Upon receipt by the police of the complaint
for rape, it shall be the duty of the police officer to:
(a) Immediately refer the case to the prosecutor for inquest/investigation if the
accused is detained; otherwise, the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
(c) Immediately make a report on the action taken.
It shall be the duty of the police officer or the examining physician, who must be
of the same gender as the offended party, to ensure that only persons expressly authorized
by the offended party shall be allowed inside the room where the investigation or medical
or physical examination is being conducted.
For this purpose, a womens desk must be established in every police precinct
throughout the country to provide a police woman to conduct investigation of complaints
of women rape victims. In the same manner, the preliminary investigation proper or
inquest of women rape victims must be assigned to female prosecutor or prosecutors after
the police shall have endorsed all the pertinent papers thereof to the same office.
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Approved,
This Act, which is a consolidation of Senate Bill No. 2280 and House Bill No.
9962 was finally passed by the Senate and the House of Representatives on February
4,1998 and February 5,1998, respectively.
Approved,
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