psychological theories behind rape

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PSYCHOLOGICAL THEORIES BEHIND RAPE  Borromeo, Gamboa, Mercado, V itug

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7/24/2019 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

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POSSIBLE CHANGES TO RA 8353

! Equalize the punishment forrapes committed against men

! Re-categorize or re-

conceptualize crimes against

chastity