psychological theories behind rape
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PSYCHOLOGICAL THEORIES
BEHIND RAPE Borromeo, Gamboa, Mercado, Vitug
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OUTLINE
!
Rape as a crime againstchastity (Act No. 3815)
! Psychological theories behind
rape
! Rape as a crime againstpersons (RA 8353)
! Possible amendments to RA
8353
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RAPE AS A CRIME AGAINST CHASTITY
! Act No. 3815: The Anti-Rape
Law of 1997
! “Honor” as the main issue, not
consent
!
No category of “by means offraudulent machination or grave
abuse of authority” as to how it
is committed
! No paragraph on sexual assault
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PSYCHOLOGICAL THEORIESBEHIND RAPE
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BIOLOGICAL THEORY
!
Rape as an evolutionary toolfor a man to increase his
reproductive success by
circumventing the choice of
the woman (i.e. bearing his
child or not)
! Rape as something biologically
entrenched within the psyche
of the male subconscious
! Largely discredited, but stillcited as a justification by those
with “traditional” mindsets
! Case: People v. Ceballos
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COMMODIFICATION THEORY
! Men have been acculturated to view sex as a commodity
! Rape as a crime against property; akin to taking an object
! Rape is solely about sex and the visceral pleasure it provides
! Case: People v. Jumawan
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DEVELOPMENTAL THEORY
! Rape as a product of nurture, not
nature, brought about by an
insecure learning phase during a
child’s developmental period
! Child is taught to understand
that fear and violence are
acceptable means of achieving his
desires
! Case: People v. Silvano
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RAPE AS A GENDER-BASED HATE CRIME
!
Males feel superior to women and therefore feel entitled to sex,which is a result of an imbalance of sexual dynamics in society
! During the sexual act, men usually use sexually derogatory
terms such as “bitch,” “slut,” “whore” and the like to solidify
the feeling of superiority! Can be seen in our own justice system:
! all rape cases known or available have only women as
victims
! men can only be raped under the sexual assault definition
! big di! erence in punishment for rape (reclusion perpetua as
lowest) and sexual assault ( prision mayor as lowest)
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CONTROL THEORY
! Rape not as a matter of sex, but an attempt to control a
person physically and emotionally
! The feeling of having control is what arouses the man
! This broadens the scope of what rape can be, and envisions
men as potential rape victims as well
! Case: People v. Siao
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RAPE AS A CRIME AGAINST PERSONS
! “Chastity”: implies that rape canonly occur if the woman is
chaste or virtuous
! Women who are no longer
virgins should still be able to
decline sexual advances, and can
therefore still be raped
!
Rape a!
ects the entirety of theself: not merely physical harm,
but also emotional and
psychological harm
! #YesMeansYes