Akbayan lawmakers seek to repeal 'forgiveness clause' in Anti-Rape Law
Trigger warning: This article contains mentions of rape.
Three lawmakers from the Akbayan Party-list, along with a colleague in the House of Representatives opposition bloc, are seeking to repeal the so-called "forgiveness clause" in the Anti-Rape Law of 1997 regarding forced marriages.
The bill aims to remove marriage as a way out of punishment for rapists.
On July 16, Reps. Dadah Kiram Ismula, Chel Diokno, Perci Cendaña, and Dinagat Islands' Kaka Bag-ao filed House Bill 10099, aiming to repeal Article 266-C, and amend Articles 23, 89, and 344 of the Revised Penal Code. Article 266-C, also known as "Marry your rapist law," is mentioned in the Anti-Rape Law of 1997, or RA 8353.
According to the Supreme Court e-Library, Article 266-C involves the effect of pardon for rape. The current law states that if the perpetrator of sexual violence marries the victim, it allows the offender to avoid prosecution or prison sentences. The same goes for a husband offender who is forgiven by his wife.
Per section two, chapter three of RA 8353, "The subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed."
The four lawmakers seeking to repeal this clause are hoping to "amend related articles of the penal code to ensure that subsequent marriage or personal pardon can no longer absolve perpetrators of sexual violence."
In a statement sent to the media, Ismula wrote, "Rape is a grave crime. Marriage should never be used to shield the rapist from accountability and condemn the survivor to a lifetime of hell. It's shameful that it’s included in our laws until now. It’s about time to amend this and restore the dignity of the victim survivors of rape.”
Be at par with other nations
A similar measure, House Bill 9083, was filed by 4Ps Party-list Rep. Jonathan Clement "JC" Abalos in the 19th Congress, but did not make it into the legislative machinery.
Abalos now heads the House Committee on Ethics and is calling for the Philippines to catch up with other countries that have repealed similar laws.
“Rape, a heinous criminal offense, is beyond being mere sexual violence; it is a grave transgression of an individual's human dignity. Lamentably, the majority of rape victims are women,” said Abalos.
In the explanatory note of his measure demanding the Philippines "be at par with other nations," Abalos wrote that although "progress has been made globally in repealing or amending such laws," the 2021 UN Population Fund report found that the Philippines is still one of the 20 countries that still abide by this law.
According to a 2021 article in The Guardian, Russia, Thailand, Venezuela, and Kuwait are among the nations with a similar law.
“Considering its inconsistency with the current status of rape as a public crime under the Anti-Rape Law, the repeal of Article 266-C is warranted. However, repealing the forgiveness clause alone is an insufficient legal remedy, given that the incidents of rape prior to marriage remain intact,” Abalos wrote.
The lawmaker also called for the introduction of "supplementary grounds for the annulment of marriages stemming from the commission of rape."
“This bill (HB 9083) then seeks to provide a legal remedy by adding the commission of rape by either party prior to marriage as a ground for annulment, acknowledging that the victim's initial consent was not freely given,” he added.
According to him, the measure helps protect victims, particularly those who need more time and resources to begin their annulment proceedings.
