For the past two months, social media has been abuzz with speculation about the Vhong Navarro-Deniece Cornejo case. He raped her, the self-described model and stylist said of the TV host and comedian. She and her friends set him up, mauled him and demanded P2 million in damages, Navarro countered. A month or so later, a former beauty pageant contestant surfaced, similarly accusing Navarro of raping her four years ago. The questions and speculations have kept the issue on the news; they also reflect the common perceptions about rape that have persisted despite changes in the law. Before RA. 8353, or the Anti-Rape Law of 1997, introduced amendments to the Revised Penal Code’s definition of rape, it was considered a crime against chastity. This made it easy for defendants to attack the character of their accuser, on the premise that if she were no longer chaste, she could not been raped. Such legal maneuvers also made it difficult for women to come out for fear that their past indiscretions would be dug up and exposed. But the Anti-Rape Law of 1997 changed its definition into a “crime against persons,” which now allows anyone, from family members to police, to file a case on behalf of the victim. Prior to the revision, only victims were allowed to file and pursue cases, a powerful deterrent given the stigma attached to the crime. According to RA 8353, rape is committed when a man has “carnal knowledge of a woman” and the victim is either forced, threatened or intimidated; unconscious or deprived of reason; under 12 years old, or demented or suffering from a mental disability, emotional disorder or physical handicap. Unlike in the previous definition of rape, the crime is no longer limited to the male organ’s penetration of a woman’s genitalia. According to the Anti-Rape Law, rape is committed when either genitalia or an instrument or object is inserted into another person’s mouth, genitals or anal orifice. This definition of rape is also termed “sexual assault,” which now makes it possible for males to be considered rape victims. If convicted on the first definition of rape (the use of male genitals to penetrate another person’s genitalia), the perpetrator is sentenced to “reclusion perpetua,” equivalent to 40 years’ imprisonment and the inability to run for public office. If convicted of sexual assault, the offender’s sentence can range from “prision mayor,” or 6 to 12 years’ imprisonment, to “reclusion temporal,” or 12 to 20 years’ imprisonment. Lawyer Katrina Legarda, who specializes in family law, said the current anti-rape law is a marked improvement from the law’s 1935 definition of the crime. “In the olden days, you really had to defend your chastity in court at all costs,” she said, adding that before the revision, a woman’s virginal image and virtue were essential to convict a rapist. With the inclusion of sexual assault under the new law, same-sex rape can now be tried. Marital rape, or rape between spouses, is also punishable by law. Seventeen years after the revised anti-rape law was enacted, the Supreme Court used it to issue “record-making,” and notable decisions on convicting rapists, according to lawyer Rowena Guanzon, a known advocate against gender discrimination. One such landmark decision was the 1995 Supreme Court case People v. Rivera, when it stated that as long as a victim’s testimony is inherently credible, a person charged with rape can be convicted. “When a women says that she had been raped, she says in effect all that is necessary to show that she had indeed been raped,” the decision said. The Supreme Court also stated in recent decisions that medical certification is no longer needed to prove rape; there was rape when the tip of the penis touches the woman’s labia (the outer folds found around either side of the vagina). Penetration, contrary to popular belief, is no longer the ultimate proof or requirement for a rape case. According to those decisions, medical records cannot prove rape, as they cannot prove that a penis has touched the labia. Neither can it prove that a victim was forced into performing oral sex, or that a finger had grazed a victim’s private parts. Guanzon, co-author of “The Davide Court: Its Contributions to Gender and Women’s Rights” and “Engendering the Philippine Judiciary,” also cited former Chief Justice Hilario Davide for convicting rapists in 90 out of the 103 cases under his term. Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines. Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of INQUIRER.net. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards. Copyright © 2014, Philippine Daily Inquirer. To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here. Factual errors? 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