[Trigger warning: Rape]
THE entertainment industry, with its towering beacons of talent and dazzling stars, cast a very dark shadow on some of its corners where predators lurk to pounce on the young and hopeful who are wishing to make a name for themselves on the silver screen.
This darkness has once again become apparent when 23-year-old actor, Sandro Muhlach, son of veteran actor, Niño Muhlach, filed a complaint for sexual assault against two independent contractors of GMA Network, namely, Jojo Nones and Richard Cruz, who allegedly lured him by using their influence and moral ascendancy.
This catapulted a Senate inquiry held in aid of legislation, led by Sen. Robin Padilla who also filed Senate Bill (SB) No 2777, seeking to impose harsher penalties on rape by sexual assault (including the death penalty) and to tweak the Republic Act (RA) No. 8353 or the Anti-Rape Law of 1977 to become more “gender-responsive.”
The whole Sandro Muhlach conundrum caused confusion among many, with some Facebook users crying injustice over the supposed “lack of laws” that protect male rape victims. This could not be far from the truth.
It must be noted that under RA 8353, amending Article 266-A of the Revised Penal Code (RPC), rape can be committed two ways: (1) By a man, against a woman, through carnal knowledge (sexual intercourse); and (2) by any person (not just by a man against a woman) through any of the enumerated acts in the said provision of law.
Under paragraph 2 of Article 266-A of the Revised Penal Code, any person can be criminally charged with rape by sexual assault “by inserting his penis into another person’s mouth or anal orifice.” A person may also be charged with sexual assault per se if he or she inserted “any instrument or object, into the genital or anal orifice of another person.” Notice that under this paragraph, the gender of the victim is not specified.
Moreover, under this paragraph, sexual intercourse is not required and the mere insertion of a person’s penis or any instrument into the private parts of the victim using force or intimidation, taking advantage of the victim’s subconscious state or lack of reason, etc. is enough to warrant a conviction.
Thus, to dissolve people’s misconception — yes, there are existing laws that punish rape committed against a male victim.
Thus, if Sandro Muhlach can prove the foregoing elements in court, then Jojo Nones and Richard Cruz may very well be touching the cold, hard steel gates of jail for years to come. But then again, the matter is still up in the air until the court – not the Senate – declares them guilty beyond reasonable doubt.
On the other hand, while the Senate bill filed by Padilla seems well-meaning, I could not help but think about its legal implications.
The Senate bill itself seeks the death penalty, which has long been prohibited under Republic Act No. 9346 in 2006. This law replaced death penalty with reclusion perpetua and/or life imprisonment as the maximum imposable penalties, depending on whether or not the law violated uses the same nomenclature as the penalties under the Revised Penal Code.
Should Senate Bill No. 2777 be passed into law, and the death penalty reinstated, the Philippines would be taking a massive step back into nothing short of barbaric times when “an eye for an eye” becomes the norm.